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Council Agenda

 

 

 

13 December 2017

 

 

 

 

 


ALL INFORMATION AVAILABLE IN VARIOUS FORMATS ON REQUEST

city@busselton.wa.gov.au

 

 


CITY OF BUSSELTON

MEETING NOTICE AND AGENDA – 13 December 2017

 

 

 

TO:                  THE MAYOR AND COUNCILLORS

 

 

NOTICE is given that a meeting of the Council will be held in the Council Chambers, Administration Building, Southern Drive, Busselton on Wednesday, 13 December 2017, commencing at 5.30pm.

 

Your attendance is respectfully requested.

Statements or decisions made at Council meetings or briefings should not be relied on (or acted upon) by an applicant or any other person or entity until subsequent written notification has been given by or received from the City of Busselton. Without derogating from the generality of the above, approval of planning applications and building permits and acceptance of tenders and quotations will only become effective once written notice to that effect has been given to relevant parties. The City of Busselton expressly disclaims any liability for any loss arising from any person or body relying on any statement or decision made during a Council meeting or briefing.

 

 

 

Mike Archer

 

CHIEF EXECUTIVE OFFICER

 

1 December 2017


CITY OF BUSSELTON

Agenda FOR THE Council MEETING TO BE HELD ON 13 December 2017

TABLE OF CONTENTS

 

ITEM NO.                                        SUBJECT                                                                                                                              PAGE NO.

1....... DECLARATION OF OPENING/ ACKNOWLEDGEMENT OF COUNTRY AND ANNOUNCEMENT OF VISITORS. 5

2....... Attendance. 5

3....... Prayer. 5

4....... Public Question Time. 5

5....... Announcements Without Discussion.. 5

6....... Application for Leave of Absence. 5

7....... Petitions and Presentations. 5

8....... Disclosure Of Interests. 5

9....... Confirmation and Receipt Of Minutes. 5

Previous Council Meetings. 5

9.1          Minutes of the Council Meeting held 22 November 2017. 5

9.2          Minutes of the General Electors Meeting held 27 November 2017. 5

Committee Meetings. 6

9.3          Minutes of the Finance Committee Meeting held on 16 November 2017. 6

9.4          Minutes of the Policy and Legislation Committee Meeting held 30 November 2017. 6

10..... Reports of Committee. 7

10.1        Finance Committee - 16/11/2017 - PURCHASE OF PRIME MOVER FOR WASTE SERVICES. 7

10.2        Finance Committee - 16/11/2017 - BUDGET AMENDMENT REQUEST - RESOURCING TO SUPPORT DEVELOPMENT OF CITY 'ENERGY MASTER PLAN' 10

10.3        Finance Committee - 16/11/2017 - BUDGET AMENDMENT REQUEST. 14

10.4        Finance Committee - 16/11/2017 - FINANCIAL ACTIVITY STATEMENTS - PERIOD ENDING 31 OCTOBER 2017. 19

10.5        Policy and Legislation Committee - 30/11/2017 - REVOCATION OF 135/2 - STREET APPEALS POLICY. 40

10.6        Policy and Legislation Committee - 30/11/2017 - REVIEW OF 017 URBAN ART POLICY. 45

10.7        Policy and Legislation Committee - 30/11/2017 - REPEAL OF POLICY: COMMUNITY FACILITY BOOKINGS (#027). 55

10.8        Policy and Legislation Committee - 30/11/2017 - MINOR UPDATING OF COUNCIL POLICIES FOLLOWING FURTHER REVIEW PROCESS. 71

11..... Planning and Development Services Report. 104

11.1        AMENDMENT NO. 29 (OMNIBUS NO. 4) TO LOCAL PLANNING SCHEME NO. 21 - CONSIDERATION FOR INITIATION FOR COMMUNITY CONSULTATION.. 104

11.2        DRAFT LEEUWIN-NATURALISTE SUB-REGIONAL PLANNING STRATEGY - CITY SUBMISSION.. 185

11.3        AMENDMENT TO 'DUNSBOROUGH LAKES ESTATE DEVELOPER CONTRIBUTIONS PLAN (2015) - CONSIDERATION FOR FINAL ADOPTION BY THE COUNCIL. 285

11.4        PROPOSED SCHEME AMENDMENT 34 TO LOCAL PLANNING SCHEME 21 AND DRAFT STRUCTURE PLAN FOR LOT 34 SHEOAK DRIVE, YALLINGUP - CONSIDERATION FOR ADOPTION FOR PUBLIC CONSULTATION.. 301

12..... Engineering and Works Services Report. 317

12.1        RFT18/17 SUPPLY & DELIVERY OF DRAINAGE PRODUCTS. 317

13..... Community and Commercial Services Report. 321

13.1        PUBLIC ART POLICY. 321

13.2        COMMUNITY BIDS 2017/18 ROUND TWO ALLOCATIONS. 325

13.3        BUSSELTON SENIOR CITIZENS CENTRE - PROPOSED EXPANSION.. 330

13.4        DRAFT GEOGRAPHE LEISURE CENTRE AND NATURALISTE COMMUNITY CENTRE MASTER PLANS. 338

13.5        MARKETING AND EVENTS REFERENCE GROUP OUTCOMES. 343

14..... Finance and Corporate Services Report. 351

14.1        WASTE AMENDMENT LOCAL LAW... 351

15..... Chief Executive Officer's Report. 355

15.1        COUNCILLORS' INFORMATION BULLETIN.. 355

16..... Motions of which Previous Notice has been Given.. 387

17..... Confidential Reports. 387

18..... Questions from Members. 387

19..... Public Question Time. 387

20..... Next Meeting Date. 387

21..... Closure. 387

 


Council                                                                                      6                                                             13 December 2017

 

1.               DECLARATION OF OPENING/ ACKNOWLEDGEMENT OF COUNTRY AND ANNOUNCEMENT OF VISITORS

2.               Attendance 

Apologies

Approved Leave of Absence

3.               Prayer

4.               Public Question Time

Response to Previous Questions Taken on Notice 

Public Question Time

5.               Announcements Without Discussion

Announcements by the Presiding Member 

Announcements by other Members at the invitation of the Presiding Member

6.               Application for Leave of Absence

7.               Petitions and Presentations 

8.               Disclosure Of Interests

9.               Confirmation and Receipt Of Minutes 

Previous Council Meetings

9.1             Minutes of the Council Meeting held 22 November 2017

Recommendation

That the Minutes of the Council Meeting held 22 November 2017 be confirmed as a true and correct record.

 

9.2             Minutes of the General Electors Meeting held 27 November 2017

Recommendation

That the Minutes of the General Electors Meeting held 27 November 2017 be confirmed as a true and correct record.

 


 

 Committee Meetings

9.3             Minutes of the Finance Committee Meeting held on 16 November 2017

RECOMMENDATION

 

That the Minutes of the Finance Committee Meeting held on 16 November 2017 be confirmed as a true and correct record

 

 

9.4             Minutes of the Policy and Legislation Committee Meeting held 30 November 2017

RECOMMENDATION

 

That the Minutes of the Policy and Legislation Committee Meeting held 30 November 2017 be confirmed as a true and correct record

 

 


Council                                                                                      9                                                             13 December 2017

10.             Reports of Committee

10.1           Finance Committee - 16/11/2017 - PURCHASE OF PRIME MOVER FOR WASTE SERVICES

SUBJECT INDEX:

Waste Management

STRATEGIC OBJECTIVE:

Assets are well maintained and responsibly managed.

BUSINESS UNIT:

Waste and Fleet Services

ACTIVITY UNIT:

Waste Management

REPORTING OFFICER:

Manager, Waste and Fleet Services - Vitor Martins

AUTHORISING OFFICER:

Director, Engineering and Works Services - Oliver Darby

VOTING REQUIREMENT:

Absolute Majority

ATTACHMENTS:

Nil

 

This item was considered by the Finance Committee at its meeting on 16 November 2017, the recommendations from which have been included in this report. 

PRÉCIS

 

This report seeks approval by Council for the City to purchase a prime mover to operate the transfers of waste between the Busselton Waste Transfer and Recycling Centre and the Dunsborough Waste Facility’s waste landfill site.

 

BACKGROUND

 

As part of the current financial year’s plan, the City has awarded the supply and installation of a waste compactor at the Busselton Waste Transfer and Recycling Centre, including the supply of a suitable trailer. The transport of this trailer will require a prime mover.

 

The original plan was to contract out the required transport of the trailer and, therefore, no budget allowance was considered for the current year for the purchase of a prime mover. Due to operational reasons the proposal is, now, for the City to purchase the prime mover.

 

STATUTORY ENVIRONMENT

 

Section 3.57 of Local Government Act 1995 requires “A local government to invite tenders before it enters into a contract of a prescribed kind under which another person is to supply goods and services”.

 

Compliance with the Local Government Act 1995 section 3.57 is required in the issuing and tendering of contracts.

 

Part 4 (Tenders) of the Local Government (Functions and General) Regulations 1996 require that tenders be publicly invited for such contracts where the estimated cost of providing the total service exceeds $ 150,000.

 

According to the same regulations, tenders do not have to be publicly invited according to the requirements of this Division if the supply of the goods or services is to be obtained through the WALGA Preferred Supplier Program.

 

RELEVANT PLANS AND POLICIES

 

NA

 

FINANCIAL IMPLICATIONS

 

The cost of purchase of a prime mover truck is estimated at approximately $250,000, which has not been budgeted for the current financial year. A budget amendment would be required in order to allocate $250,000 from the Waste Infrastructure and Plant Reserve to the purchase of the proposed plant.

 

Long-term Financial Plan Implications

 

The end of year forecast for the Waste Infrastructure and Plant Reserve is $5.6 million and the proposed budget amendment will not impact in the long term financial plan.

 

STRATEGIC COMMUNITY OBJECTIVES

 

The relevant Key Goal areas in the Strategic Community Plan are the following:

 

·    3.1 Development is managed sustainably and our environment valued

 

·    6.4 Assets are well maintained and responsibly manage

 

RISK ASSESSMENT

 

Risk

Controls

Consequence

Likelihood

Risk Level

Low utilisation rates for the newly acquired prime mover

Prime mover will be fully compatible with the Works Services prime mover and hence fully interchangeable (both items will serve as back-up for each other)

insignificant

Possible

Low

 

CONSULTATION

 

No consultation undertaken.

 

OFFICER COMMENT

 

Aggregation and consolidation of waste loads at the Busselton Transfer and Recycling Centre are expected to improve waste collection efficiencies through the reduction of travel time of 4 out of the 5 existing rubbish trucks each day, and associated fuel consumption expense. It is also expected to substantially reduce the trips of the hooklift truck between the transfer station and Dunsborough Waste Facility, thus further improving operating efficiencies.

 

The purchase of the City’s own prime mover is justified on the basis of the following operational reasons:

 

1.    Expected utilisation rates of about one to two full loads every business day, 250 days a year).

2.    This plant item will be critical for the new waste collection operating scheme based on transfers of consolidated loads from the Busselton Waste Transfer and Recycling Centre to Dunsborough Waste Facility, therefore, reliability is key.

3.    Transfer of loads will occur only each time the trailer is full. This will vary substantially each day of the week and each season and, therefore, a Contractor arrangement is not likely to be economical (as the prime mover would likely have to be assigned to the waste facility on stand-by, full time allocation basis, as opposed to on-demand and allocated for the actual transfer hours only).

4.    Full compatibility with Works prime mover will allow flexibility and reliability in overall operations in both Works and Waste services, as both plant items would be able to be used as back-up of each other, further increasing expected utilisation rates.

 

The proposed prime mover can be purchased through the WALGA Preferred Supplier Program. If it is included in the same procurement process as that of the Works prime mover (due for replacement this year) the City will likely be able to benefit from a relevant discount offered by the supplier.

 

CONCLUSION

 

Given the newly adopted operational model and the associated requirements pertaining to utilisation rates, reliability and flexibility in the overall provision of operations services (both Works and Waste), the proposed purchase of one prime mover for Waste services is justified.

 

OPTIONS

 

The Council can choose not to accept the Officers Recommendation and the transfer of waste from the Busselton Transfer and Recycling Centre to the Dunsborough Waste Facility would be hired out to a contractor. This might, however, not provide the reliability and flexibility that the proposed arrangement would achieve, or even prove beneficial solely from a cost stand point.

 

TIMELINE FOR IMPLEMENTATION OF OFFICER RECOMMENDATION

 

The City would immediately go out for quotations, immediately after the Council has endorsed the Officer’s recommendation, in order to have the prime mover delivered by March 2018, just on time for the commencement of the new compactor facility.

 

COMMITTEE RECOMMENDATION AND OFFICER RECOMMENDATION

 

ABSOLUTE MAJORITY DECISION OF COUNCIL REQUIRED

That the Council approves a budget amendment to provide for:

 

1.            The purchase of a prime mover for Waste Services for approximately $250,000.

2.            Transfer of an amount of $250,000 from the Waste Management Facility and Plant Reserve                 to the municipal plant account (528.11402.7723.0000) to allow for the purchase of the prime                 mover.

 

 


Council                                                                                      13                                                          13 December 2017

10.2           Finance Committee - 16/11/2017 - BUDGET AMENDMENT REQUEST - RESOURCING TO SUPPORT DEVELOPMENT OF CITY 'ENERGY MASTER PLAN'

SUBJECT INDEX:

Budget Planning and Reporting

STRATEGIC OBJECTIVE:

Climate change risks and impacts are understood, acknowledged and responded to through appropriate planning and community education.

BUSINESS UNIT:

Finance and Corporate Services

ACTIVITY UNIT:

Environmental Management

REPORTING OFFICER:

Manager Financial Services - Kim Dolzadelli

AUTHORISING OFFICER:

Director, Finance and Corporate Services - Cliff Frewing

VOTING REQUIREMENT:

Absolute Majority

ATTACHMENTS:

Nil

 

This item was considered by the Finance Committee at its meeting on 16 November 2017, the recommendations from which have been included in this report. 

 

PRÉCIS

 

This report seeks recommendation of the Finance Committee to Council for the approval of budget amendments as detailed in this report.  Adoption of the Officers recommendation will result in no change to the City’s current Amended Budgeted Surplus Position of $0.

 

BACKGROUND

 

The Council has recently identified, through the most recent CEO Performance Review and the setting of a new CEO Key Performance Indicator (KPI), an intent to develop a City ‘Energy Master Plan’, described as follows -

 

“Subject to provision of budget, and working with the Sustainability and Energy Working Group, commence the development of an Energy Master Plan to determine direction for the organisation towards achieving real savings in all energy sources.”

 

Implicit in the KPI is recognition of the fact that the project had not provided for during the development of the current, 2017/18 financial year budget, and that resources, other than existing staff resources which may be able to be reallocated, will be required to ensure that the organisation is able to meet the KPI.

 

City officers are currently developing a draft project scope and plan, and have begun related research and investigation, with a view to presenting a draft project scope and plan, for feedback and discussion, to the Sustainability and Energy Working Group (which is the same group, just subtly renamed, as the working group referenced in the KPI itself). It is anticipated that will commence in December 2017.

 

At this stage, it is not entirely clear what resources and /or skills will be required, or the means by which those resources and / or skills may be procured – that will be determined through the development of the project scope and plan, and through the investigations that follow, and is also outlined a little further in this report. The allocation of $75,000 is, however, seen as appropriate to ensure the project can properly commence and advance during the current financial year. It is recommended those funds be allocated out of the Strategic Projects Reserve. Further funds may be required in future financial years, although the level and nature of the future needs is not known at present.

 

The $75,000 to be allocated out of the Strategic Projects Reserve is proposed to be allocated as additional expenditure as follows –

1.         $26,500 as additional salaries expenditure in Environmental Management, allowing for the allocation of an existing officer in that team (who has substantial experience and knowledge in this field, having led the development and review of the City’s Energy Action Plan, work they have been leading for around nine years);

2.         $45,000 as additional consultancy budget in Environmental Management, allowing for the contracting of specialist professional services to assist with the project; and

3.         $3,500 to complete the ‘Enquiry’ phase of the Western Power process associated with potential development of a mid-scale (approximately 6.0 MW) solar project on City land, being portion of the former Rendezvous Road (Busselton) Refuse Disposal facility, the further pursuance of which would potentially be explored as part of the Energy Master Plan process (and has been subject of an earlier Council briefing – also note this is the Western Power assessment fee and it is anticipated that the work required to lodge the enquiry would be completed in-house).

 

Whilst it is anticipated that the project will result in the development of an ‘Energy Master Plan’ that is a discrete document, it is considered that the focus should not be primarily on the development of a document, but rather on a process which results in a real understanding of the issues and opportunities, and a greater capacity for the organisation to achieve ongoing savings in energy use, costs and related greenhouse gas emissions.

 

The following tables show the detail of amendments proposed, these amendments result in no impact on the City’s current Amended Budgeted Surplus Position of $0:

 

120 - Strategic Projects Reserve:

 

Natural Account

Current Budget

Proposed Amended Budget

9101 - Accumulated Reserves at Start of Year

(230,337)

(230,337)

9102 - Transfer from Muni

(25,000)

(25,000)

9103 - Transfer to Muni

25,000

100,000

9104 - Interest transfer to Reserves

(5,340)

(5,340)

Balance of Reserve 30/06/2018

(235,677)

(160,677)

 

Cost Code 10850 - Implement Management Plans Other:

 

Account Code

Description

Current Budget

Proposed Amended Budget

421-10850-3001-000

Salaries

0

26,500

421-10850-3260-000

Consultancy

0

45,000

421-10850-3498-000

Purchase of Materials

25,720

29,220

 

STATUTORY ENVIRONMENT

 

Section 6.8 of the Local Government Act refers to expenditure from the municipal fund that is not included in the annual budget. In the context of this report, where no budget allocation exists, expenditure is not to be incurred until such time as it is authorised in advance, by an absolute majority decision of the Council.

 

 

RELEVANT PLANS AND POLICIES

 

There are multiple Plans and Policies that support the proposed Budget Amendments.

 

FINANCIAL IMPLICATIONS

 

Budget amendments being sought will result in no change to Council’s Budget Surplus position of $0.

 

Long-term Financial Plan Implications

 

N/A

 

STRATEGIC COMMUNITY OBJECTIVES

 

This matter principally aligns with 2 Key Goal Areas being:

 

·    Community Objective 3.3 ‘Climate change risks and impacts are understood, acknowledged and responded to through appropriate planning and community education, and

 

·    Community Objective 6.1 - ‘Governance systems, process and practices are responsible, ethical and transparent’. The achievement of the above is underpinned by the Council strategy to ‘ensure the long term financial sustainability of Council through effective financial management’.

 

RISK ASSESSMENT

 

There is a risk to the City, as there is with all projects undertaken, that the final cost could exceed budget. If this looks to be the case Council will be notified so a suitable offset / project scope back can be identified.

 

CONSULTATION

 

Consultation has occurred with the appropriate City of Busselton officers.

 

OFFICER COMMENT

 

The Officer commends the requested Budget Amendment to the Finance Committee for consideration and recommendation to Council.

 

CONCLUSION

 

Council’s approval is sought to amend the budget as per the details contained in this report. Upon approval the proposed works will be planned, organised and completed.

 

OPTIONS

 

The Council could decide not to go ahead with the proposed budget amendment request, which would mean that the project would have to proceed through the reallocation of resources from other projects.

 

TIMELINE FOR IMPLEMENTATION OF OFFICER RECOMMENDATION

 

Should the Officer Recommendation be endorsed, the associated budget amendment will be processed within a month of being approved.

 

 

COMMITTEE RECOMMENDATION AND OFFICER RECOMMENDATION

 

ABSOLUTE MAJORITY DECISION OF COUNCIL REQUIRED

 

That the Finance Committee recommends to Council endorsement of the Requested Budget

Amendments detailed in the following tables resulting in no change to an Amended Budgeted Surplus Position of $0.

 

120 - Strategic Projects Reserve:

 

Natural Account

Current Budget

Proposed Amended Budget

9101 - Accumulated Reserves at Start of Year

(230,337)

(230,337)

9102 - Transfer from Muni

(25,000)

(25,000)

9103 - Transfer to Muni

25,000

100,000

9104 - Interest transfer to Reserves

(5,340)

(5,340)

Balance of Reserve 30/06/2018

(235,677)

(160,677)

 

Cost Code 10850 - Implement Management Plans Other:

 

Account Code

Description

Current Budget

Proposed Amended Budget

421-10850-3001-000

Salaries

0

26,500

421-10850-3260-000

Consultancy

0

45,000

421-10850-3498-000

Purchase of Materials

25,720

29,220

 

 

 


Council                                                                                      18                                                          13 December 2017

10.3           Finance Committee - 16/11/2017 - BUDGET AMENDMENT REQUEST

SUBJECT INDEX:

Budget Planning and Reporting

STRATEGIC OBJECTIVE:

Governance systems, process and practices are responsible, ethical and transparent.

BUSINESS UNIT:

Finance and Corporate Services

ACTIVITY UNIT:

Finance and Corporate Services

REPORTING OFFICER:

Manager Financial Services - Kim Dolzadelli

AUTHORISING OFFICER:

Director, Finance and Corporate Services - Cliff Frewing

VOTING REQUIREMENT:

Absolute Majority

ATTACHMENTS:

Nil

 

This item was considered by the Finance Committee at its meeting on 16 November 2017, the recommendations from which have been included in this report. 

PRÉCIS

 

This report seeks recommendation of the Finance Committee to Council for the approval of budget amendments as detailed in this report.  Adoption of the Officers recommendation will result in no change to the City’s current Amended Budgeted Surplus Position of $0.

 

It will however result in a reduction to the City’s “Budget Surplus Contingency Holding Account” from $93,880 to $68,209 (by $25,671).

 

BACKGROUND

 

Council adopted its 2017/2018 Municipal Budget on Wednesday, 26 July 2017 with a balanced Budget position.

 

Since this time Council has been advised of certain funding changes that have impacted the original Budget and Council is now being asked to consider Budget Amendments for the following Key Areas/Projects:

 

1.    “Recognition of Income”

 

BACKGROUND

Officers have located a long term outstanding Creditors Invoice in the amount of $12,329 which it has been established should not be recorded as an outstanding amount.  Officers have transferred this amount to account string 211-10200-1751-000 Misc. Income (no GST) and are requesting an amendment to Budget to recognise this.

 

PLANNED EXPENDITURE ITEMS

Officers propose to have this amount offset within the City’s “Budget Surplus Contingency Holding Account” account string 100-10001-3680-0000 by increasing the current Amended Budget from $93,880 to $106,209.

 

Officers propose that the 2017/2018 Adopted Budget be amended to reflect the following funding changes, shown in Table 1.

 

Table 1:

Account Code

Description

Current Budget

Change

Proposed Amended Budget

211-10200-1751-000

Misc. Income (no GST)

(100)

(12,329)

(12,429)

100-10001-3680-0000

Budget Surplus Contingency Holding A/C

93,880

12,329

106,209

PROPOSED OUTCOME

Recognition of additional income offset with the Budget Surplus Contingency Holding Account.

 

 

2.    “Funding Busselton and Dunsborough Yallingup Chambers of Commerce and Industry”

 

BACKGROUND

Council adopted its 2017/2018 Municipal Budget on Wednesday, 26 July 2017 with a balanced Budget position.

 

At the Council meeting held meeting held 28 June 2017 resolution C1706/156 was carried by Council 8/1.

 

1.            Allocates $38k from the 2016/17 ‘Budget Surplus Contingency Holding Account’ (100.10001.3680) to the Busselton and Dunsborough Yallingup Chambers of Commerce and Industry and that the Chief Executive Officer enters into a funding agreement with the organisations on the following basis:

 

a)    a Memorandum of Understanding is executed between the two organisations within one month

b)    achievement of Key Performance Indicators (KPIs) as outlined in this report

c)    that progress reports be presented to the Council in December 2017 and June 2018 outlining the achievement of KPIs

d)    $25k be allocated to the Busselton Chamber of Commerce and Industry, and $13k allocated to the Dunsborough Yallingup Chamber of Commerce and Industry

 

Officers note that funds were not held from the 2016/2017 Financial year however the City’s Budget Surplus Contingency Holding Account’ (100.10001.3680) for the 2017/2018 Amended Budget has enough funds to allow for reallocation to give effect to the above resolution of Council.

 

PLANNED EXPENDITURE ITEMS

Officers propose to have this amount offset within the City’s “Budget Surplus Contingency Holding Account” account string 100-10001-3680-0000 by increasing the reducing the Amended Budget by $38,000.  The following amendments shown below in Table 2 are being sought for approval.

 

Table 2:

Account Code

Description

Current Budget

Change

Proposed Amended Budget

New

Contribution Busselton and Dunsborough Yallingup Chambers of Commerce and Industry

0

38,000

38,000

100-10001-3680-0000

Budget Surplus Contingency Holding Account

106,209

 

(38,000)

68,209

 

PROPOSED OUTCOME

Alignment of Budget to actual know commitments.

 

 

 

 

 

 

3.    “Bushfire Risk Management Planning - DFES”

 

BACKGROUND

The Department of Fire and Emergency Services (DFES) recently advised that the Bushfire Risk Management Planning program was successful in securing State Government funding for 2017-18.

 

The City of Busselton was advised that it had been successful in its application to program funding for the 2017/2018 funding period with $124,356 excluding GST being approved in the form of an operational grant from DFES.

 

The Approved Purpose of the Grant is to enable the Organisation to purchase items and pay the salary of the Bushfire Risk Planning Coordinator (BRPC) to undertake Bushfire Risk Management Planning (BRMP) activities.

 

The BRMP program is the identification and classification of bushfire risk within the respective Local Government(s). The program involves the development of a treatment plan in respect of the identified risk(s), through the utilisation of shared resources and the cooperation between Local Governments, State Agencies and private landowners and occupiers.

 

PLANNED EXPENDITURE ITEMS

Council’s 2017/18 adopted budget does not include any allocation for the above Grant or matching Expenditure, Officers are proposing the Amended Budget allocations for approval as follows in Table 3:

 

Table 3:

Account Code

Description


Proposed Amended Budget

411-10942--0000

Grant Income

(124,356)

411-10942-3001-0000

Salaries – Normal

81,665

411-10942-3004-0000

Salaries – Allowances

1,075

411-10942-3006-0000

Salaries – Annual Leave

7,424

411-10942-3025-0000

Superannuation SGC

8,463

411-10942-3076-0000

Workers Compensation Insurance

2,000

411-10942-3078-0000

Journey/Practices & Officers Liability

90

411-10942-3081-0000

Conference Expenses

1,000

411-10942-3156-0000

Vehicle expenses

17,194

411-10942-3209-0000

Photocopying

500

411-10942-3215-0000

Other Administration / Office Expenses

4,945

 

Total

0

 

PROPOSED OUTCOME

To undertake Bushfire Risk Management Planning (BRMP) activities.

 

 

 

 

 

 

 

 

 

 

4.    “Vasse Public Art Cash-in-Lieu”

 

BACKGROUND

Recent changes have been made to the City’s ‘Percent for Art’ Local Planning Policy. One of the key changes was to identify a ‘Vasse’ Precinct for the purpose of cash-in-lieu contributions. The policy allows for expenditure of cash-in-lieu contributions from development in that Precinct on artwork in the Vasse Village Centre.

 

Whilst most developers seek to meet the requirements of the policy through in-kind works, some developers do take the option of meeting their obligations through an equivalent cash-in-lieu payment. Several developers in the Vasse Precinct have chosen the cash-in-lieu option. The City currently holds $238,797 in the Public Art Reserve of which $143,482 is held for cash-in-lieu contributions from development in that Precinct on artwork in the Vasse Village Centre.

 

PLANNED EXPENDITURE ITEMS

It is recommended that the Council amend the City’s 2017/18 budget to transfer $85,000 from restricted assets into expenditure in the Cultural Planning area. This would allow for delivery of planned public art projects this financial year, with other projects likely to follow in future years, as agreed by the City. It is anticipated that would occur in partnership with the Vasse JV, the overall developers of the Vasse Estate, including the Vasse Village Centre.

 

Officers are proposing the Amended Budget allocations for approval as follows in Table 4 and 5:

 

Table 4:

 

Account Code

Description


Current                Budget


Change

Proposed Amended Budget

330-10900-3280-0000

Contractors – Cultural Planning

4,000

85,000

89,000

 

Table 5:

 

341 – Public Art Reserve

Current Budget

YTD Actual

Change

Proposed Amended Budget

9101 - Accumulated Reserves at Start of Year

(94,836)

(94,836)

0

(94,836)

9102 - Transfer from Muni

(52,000)

(143,482)

(143,482)

(195,482)

9103 - Transfer to Muni

52,000

0

85,000

137,000

9104 - Interest transfer to Reserves

(2,196)

(480)

(304)

(2,500)

Balance of Reserve 30/06/2018

(97,032)

(238,797)

(58,786)

(155,818)

 

PROPOSED OUTCOME

Delivery of precinct on artwork in the Vasse Village Centre.

 

STATUTORY ENVIRONMENT

 

Section 6.8 of the Local Government Act refers to expenditure from the municipal fund that is not included in the annual budget. In the context of this report, where no budget allocation exists, expenditure is not to be incurred until such time as it is authorised in advance, by an absolute majority decision of the Council.

 

RELEVANT PLANS AND POLICIES

 

There are multiple Plans and Policies that support the proposed Budget Amendments.

FINANCIAL IMPLICATIONS

 

Budget amendments being sought will result in no change to Council’s Budget Surplus position of $0.  It will however result in a reduction to the City’s “Budget Surplus Contingency Holding Account” from $93,880 to $68,209 (by $25,671).

 

Long-term Financial Plan Implications

N/A

 

STRATEGIC COMMUNITY OBJECTIVES

 

This matter principally aligns with Key Goal Area 6 – ‘Open and Collaborative Leadership’ and more specifically Community Objective 6.1 - ‘Governance systems, process and practices are responsible, ethical and transparent’. The achievement of the above is underpinned by the Council strategy to ‘ensure the long term financial sustainability of Council through effective financial management’.

 

RISK ASSESSMENT

 

There is a risk to the City, as there is with all projects undertaken, that the final cost could exceed budget. If this looks to be the case Council will be notified so a suitable offset / project scope back can be identified.

 

CONSULTATION

 

Consultation has occurred with the appropriate City of Busselton officers.

 

OFFICER COMMENT

 

The Officer commends the requested Budget Amendment to the Finance Committee for consideration and recommendation to Council.

 

CONCLUSION

 

Council’s approval is sought to amend the budget as per the details contained in this report. Upon approval the proposed works will be planned, organised and completed.

 

OPTIONS

 

The Council could decide not to go ahead with any or all of the proposed budget amendment requests.

 

TIMELINE FOR IMPLEMENTATION OF OFFICER RECOMMENDATION

 

Should the Officer Recommendation be endorsed, the associated budget amendment will be processed within a month of being approved.

 

COMMITTEE RECOMMENDATION AND OFFICER RECOMMENDATION

 

ABSOLUTE MAJORITY DECISION OF COUNCIL REQUIRED

 

That the Finance Committee recommends to Council endorsement of the Requested Budget Amendments contained within this report, resulting in no change to an Amended Budgeted Surplus Position of $0; noting that the City’s “Budget Surplus Contingency Holding Account” would reduce from $93,880 to $68,209 (by $25,671).

 


Council                                                                                      19                                                          13 December 2017

10.4           Finance Committee - 16/11/2017 - FINANCIAL ACTIVITY STATEMENTS - PERIOD ENDING 31 OCTOBER 2017

SUBJECT INDEX:

Budget Planning and Reporting

STRATEGIC OBJECTIVE:

Governance systems, process and practices are responsible, ethical and transparent.

BUSINESS UNIT:

Finance and Corporate Services

ACTIVITY UNIT:

Financial Services

REPORTING OFFICER:

Manager Financial Services - Kim Dolzadelli

AUTHORISING OFFICER:

Director, Finance and Corporate Services - Cliff Frewing

VOTING REQUIREMENT:

Simple Majority

ATTACHMENTS:

Attachment a   Statement of Financial Activity Period Ending 31 October 2017

Attachment b    Investment Report - Period Ending 31 October 2017  

 

This item was considered by the Finance Committee at its meeting on 16 November 2017, the recommendations from which have been included in this report. 

PRÉCIS

 

Pursuant to Section 6.4 of the Local Government Act (‘the Act’) and Regulation 34(4) of the Local Government (Financial Management) Regulations (‘the Regulations’), a local government is to prepare, on a monthly basis, a statement of financial activity that reports on the City’s financial performance in relation to its adopted/ amended budget.

 

This report has been compiled to fulfil the statutory reporting requirements of the Act and associated Regulations, whilst also providing the Council with an overview of the City’s financial performance on a year to date basis for the period ending 31 October2017.

 

BACKGROUND

 

The Regulations detail the form and manner in which financial activity statements are to be presented to the Council on a monthly basis; and are to include the following:

 

§   Annual budget estimates

§   Budget estimates to the end of the month in which the statement relates

§   Actual amounts of revenue and expenditure to the end of the month in which the statement relates

§   Material variances between budget estimates and actual revenue/ expenditure/ (including an explanation of any material variances)

§   The net current assets at the end of the month to which the statement relates (including an explanation of the composition of the net current position)

 

Additionally, and pursuant to Regulation 34(5) of the Regulations, a local government is required to adopt a material variance reporting threshold in each financial year. At its meeting of 26 July 2017, the Council adopted (C1707/163) the following material variance reporting threshold for the 2017/18 financial year:

 


 

“That pursuant to Regulation 34(5) of the Local Government (Financial Management) Regulations, the Council adopts a material variance reporting threshold with respect to financial activity statement reporting for the 2017/18 financial year as follows:

 

·    Variances equal to or greater than 10% of the year to date budget amount as detailed in the Income Statement by Nature and Type/ Statement of Financial Activity report, however variances due to timing differences and/or seasonal adjustments are to be reported on a quarterly basis; and

·    Reporting of variances only applies for amounts greater than $25,000.”

 

STATUTORY ENVIRONMENT

 

Section 6.4 of the Local Government Act and Regulation 34 of the Local Government (Financial Management) Regulations detail the form and manner in which a local government is to prepare financial activity statements.

 

RELEVANT PLANS AND POLICIES

 

Not applicable.

 

FINANCIAL IMPLICATIONS

Any financial implications are detailed within the context of this report.

 

Long-term Financial Plan Implications

Any financial implications are detailed within the context of this report.

 

STRATEGIC COMMUNITY OBJECTIVES

 

This matter principally aligns with Key Goal Area 6 – ‘Open and Collaborative Leadership’ and more specifically Community Objective 6.1 - ‘Governance systems, process and practices are responsible, ethical and transparent’. The achievement of the above is underpinned by the Council strategy to ‘ensure the long term financial sustainability of Council through effective financial management’.

 

RISK ASSESSMENT

 

Risk assessments have been previously completed in relation to a number of ‘higher level’ financial matters, including timely and accurate financial reporting to enable the Council to make fully informed financial decisions. The completion of the monthly Financial Activity Statement report is a control that assists in addressing this risk

 

CONSULTATION

 

Not applicable

 

OFFICER COMMENT

 

In order to fulfil statutory reporting requirements, and to provide the Council with a synopsis of the City’s overall financial performance on a full year basis, the following financial reports are attached hereto:

 

§   Statement of Financial Activity

This report provides details of the City’s operating revenues and expenditures on a year to date basis, by nature and type (i.e. description). The report has been further extrapolated to include details of non-cash adjustments and capital revenues and expenditures, to identify the City’s net current position; which reconciles with that reflected in the associated Net Current Position report.

 

§   Net Current Position

This report provides details of the composition of the net current asset position on a full year basis, and reconciles with the net current position as per the Statement of Financial Activity.

 

 

§   Capital Acquisition Report

This report provides full year budget performance (by line item) in respect of the following capital expenditure activities: 

·   Land and Buildings

·   Plant and Equipment

·   Furniture and Equipment

·   Infrastructure

 

§   Reserve Movements Report

This report provides summary details of transfers to and from reserve funds, and also associated interest earnings on reserve funds, on a full year basis. 

 

Additional reports and/or charts are also provided as required to further supplement the information comprised within the statutory financial reports.

 

COMMENTS ON FINANCIAL ACTIVITY TO 31 October2017

 

The Statement of Financial Activity for the period ending 31 October2017 shows a better than expect Net Current Position (Surplus) of $30.65M being $10.58M more than Year to Date Budget.

 

The following summarises the major variances in accordance with Council’s adopted material variance reporting threshold that collectively make up the above difference:

 

Description

2017/2018
Actual

2017/2018
Amended
Budget YTD

2017/2018
Amended
Budget

2017/18
YTD Bud (A)
Variance

2017/18
YTD Bud (A)
Variance

$

$

$

%

Revenue

55,546,762

55,160,978

66,213,170

0.70%

385,784

Expenses

(21,777,537)

(23,996,993)

(68,380,282)

9.25%

2,219,456

0

Non-Operating Grants, Subsidies and Contributions

1,520,741

7,974,542

43,437,175

-80.93%

(6,453,801)

0

Capital Revenue & (Expenditure)

0

Land & Buildings

(2,531,127)

(5,949,856)

(16,556,693)

57.46%

3,418,729

Plant & Equipment

(756,749)

(1,910,468)

(4,029,400)

60.39%

1,153,719

Furniture & Equipment

(181,703)

(425,543)

(830,212)

57.30%

243,840

Infrastructure

(8,152,160)

(19,256,193)

(60,472,821)

57.66%

11,104,033

Proceeds from Sale of Assets

214,959

125,000

635,150

71.97%

89,959

Transfer to Restricted Assets

(735,016)

(207,501)

(625,751)

-254.22%

(527,515)

Transfer from Restricted Assets

4,062,850

5,354,556

27,808,739

-24.12%

(1,291,706)

 

Operating Revenue:

 

Revenue from ordinary activities is $385K more than expected when compared to Year to Date (YTD) Budget with the following items meeting the material variance reporting threshold set by Council for the 2017/2018 Financial Year.

 

Description

2017/2018
Actual

2017/2018
Amended
Budget YTD

2017/2018
Amended
Budget

2017/18
YTD Bud (A)
Variance

2017/18
YTD Bud (A)
Variance

 

$

$

$

%

$

Revenue from Ordinary Activities

Other Revenue

221,831

136,372

403,838

62.67%

85,459

The item predominately impacting the above “Other Revenue” performance is CLAG (Contiguous Local Authority Group) Funding in the amount of $69K, this item is to be transferred to Trust.

 

The Officer notes that the above positive performance of “Other Revenue” is added to by collective performance of $292k for Rates, Operating Grants and Subsidies, Fees and Charges and Interest Earnings; these items fall below the Material Variance reporting thresholds.  The above variations are considered to be that of a timing difference at this stage of the Budget Year.

 

Interim Rates:

 

Officers continue to monitor Interim Rating Income levels and present the following information noting a small variance to YTD Budget:

 

 

Operating Expenditure:

 

Expenditure from ordinary activities is $2.22M less than expected when compared to Year to Date (YTD) Budget with the following items meeting the material variance reporting threshold set by Council for the 2017/2018 Financial Year.

Description

2017/2018
Actual

2017/2018
Amended
Budget YTD

2017/2018
Amended
Budget

2017/18
YTD Bud (A)
Variance

2017/18
YTD Bud (A)
Variance

 

$

$

$

%

$

Expenses from Ordinary Activities

 

 

 

 

 

Materials & Contracts

(3,917,704)

(5,811,760)

(16,676,598)

32.59%

(1,894,056)

Utilities (Gas, Electricity, Water etc)

(742,542)

(866,099)

(2,580,822)

14.27%

(123,557)

Other Expenditure

(952,744)

(833,609)

(3,273,767)

-14.29%

119,135

Materials and Contracts:

The main items affected are list below, at this stage these variance are considered to be that of a timing nature:

 

Cost Code Description / GL Activity

Variance
YTD

Information & Communication Technology Services

               198,073

Business Systems

               259,699

 

              457,772

Community Services Administration

                 36,601

Geographe Leisure Centre

                 37,310

Kookaburra Caravan Park

                 56,518

Regional Centres Program

                 40,000

 

              170,429

Strategic Planning

                 63,854

Preventative Services - CLAG

                 37,397

Meelup Regional Park

                 38,180

 

              139,431

Engineering Services Administration

                 98,119

Street Lighting Installations

                 50,000

Busselton Jetty

               184,157

Pedestrian Bridge (Port Geographe)

                 30,000

Miscellaneous Bridge Maintenance

                 44,577

Domestic Recycling Collections

                 89,480

Busselton Transfer Station

                 43,170

Rubbish Sites Development

                 29,202

BTS External Restoration Works

                 80,970

Road Maintenance Bal Of Budget

               130,846

 

              780,520

Transport - Fleet Management

               131,652

 

              131,652

Total

           1,679,804

 

Utilities:

With over 364 individual accounts at a better than expected result of $742K, a favourable position of $123K is considered likely to be a timing difference at this early stage of the reporting year specifically when we are now entering the summer period.

 

Officers are monitory Utility charges each month and are also happy to note that the new Administration Building is tracking positively against YTD Budget expectations.

 

Other Expenditure:

 Other expenditure is currently tracking above YTD Budget by $119K with the following items predominately making up this variance.  The Officer notes that the 2 main items of “Iron Man” and “Cinefest Oz” have already been finalised or are being funded in readiness for the events.

 

 

Non-Operating Grants, Subsidies and Contributions:

The main item impacting on the above result is the timing of the receipt of “Airport Development - Project Grant” with a current negative result of $6.2M; this is a timing difference in nature only.

 

Capital Expenditure

As at 31 October2017, there is a variance of -57.8% or -$15.94M in total capital expenditure with YTD Actual at -$11.62M against a YTD Budget of -$27.54M; with the table below showing those categories exceeding the 10% material variance threshold.   The Airport Development makes up for $10.35M or 72.5% of the overall variance which also assists in explaining the above current YTD shortfall in Non-Operating Grants.

 

 

The attachments to this report include detailed listings of the following capital expenditure (project) items, to assist in reviewing specific variances.

All capital expenditure variances are considered to be a timing adjustment at this time, with no impact expected against the net current position.

 

 

 

Investment Report

Pursuant to the Council’s Investment Policy, a report is to be provided to the Council on a monthly basis, detailing the investment portfolio in terms of performance and counterparty percentage exposure of total portfolio. The report is also to provide details of investment income earned against budget, whilst confirming compliance of the portfolio with legislative and policy limits.

 

As at 31 October 2017, the value of the City’s invested funds totalled $95.24M, steady from the balance as at 1st October.

 

During the month of September $19.5M in term deposit funds matured. All deposits were renewed for an average of 91 days at an average rate of 2.32%. The lower than normal result is due to the Airport Development deposits being renewed for shorter periods as funds will be required as the work load increases with the spring weather.

 

The balance of the 11am account (an intermediary account which offers immediate access to the funds compared to the term deposits and a higher rate of return compared to the cheque account) remained steady. The balance of the Airport development ANZ cash account also remained steady.

 

The RBA left official rates on hold during September and October with future rate movements are unclear at this stage.

 

Chief Executive Officer – Corporate Credit Card

 

Details of monthly (October) transactions made on the Chief Executive Officer’s corporate credit card are provided below to ensure there is appropriate oversight and awareness of credit card transactions made.

 

Date

Amount

Payee

Description

24-Oct-17

$375.00

Naturaliste Travel

Flights (M Archer) Airport Meetings

24-Oct-17

$375.00

Naturaliste Travel

* Flights (K Sullivan) Airport Meetings

 

*Funds debited against CEO Annual Professional Development Allowance as per employment Contract Agreement

+ Allocated against CEO Hospitality Expenses Allowance

 

CONCLUSION

 

As at 31 October2017, the City’s financial performance is considered satisfactory.

 

COMMITTEE RECOMMENDATION AND OFFICER RECOMMENDATION

 

That the Council receives the statutory financial activity statement reports for the period ending 31 October 2017, pursuant to Regulation 34(4) of the Local Government (Financial Management) Regulations.

 


Council

38

13 December 2017

10.4

Attachment a

Statement of Financial Activity Period Ending 31 October 2017

 


 


 


 


 


 


 


 


 


 


 


 


Council

39

13 December 2017

10.4

Attachment b

Investment Report - Period Ending 31 October 2017

 


Council                                                                                      42                                                          13 December 2017

10.5           Policy and Legislation Committee - 30/11/2017 - REVOCATION OF 135/2 - STREET APPEALS POLICY

SUBJECT INDEX:

Plans, Policies and Procedures

STRATEGIC OBJECTIVE:

Governance systems, process and practices are responsible, ethical and transparent.

BUSINESS UNIT:

Community Services

ACTIVITY UNIT:

Community Services

REPORTING OFFICER:

Cultural Development Officer - Jacquie Happ

AUTHORISING OFFICER:

Director, Community and Commercial Services - Naomi Searle

VOTING REQUIREMENT:

Simple Majority

ATTACHMENTS:

Attachment a   cp135-2_street_appeals superseded

Attachment b    cp135-2_street_appeals  

 

This item was considered by the Policy and Legislation Committee at its meeting on 30 November 2017, the recommendations from which have been included in this report. 

 

PRÉCIS

 

As part of the ongoing policy review process, a review of Policy 135 Street Appeals has been conducted. This report recommends that Council revokes the Street Appeals Policy.

 

BACKGROUND

 

The Street Appeals Policy was created to address issues at the time relating to the collection of donations in public areas. The policy was endorsed however the date was not recorded in the Policy Manual held by Governance. In this policy there were four clauses (Attachment A cp135-2_street_appeals superseded).

 

The Policy was reviewed in 2012, when Officers recommended that it be revoked. However, after committee discussion, Clauses 1 and 2 were maintained while Clauses 3 and 4 were made redundant. Clause 1 refers to one street appeal per week being permitted in each of the Busselton and Dunsborough Central Business District Areas and Clause 2 limits charitable organisations to have a maximum of two (2) street appeals per calendar year in Busselton and Dunsborough Central Business Districts. (Attachment B cp135-2_street_appeals).

 

STATUTORY ENVIRONMENT

 

In accordance with Section 2.7(2)(b) of the Local Government Act 1995 it is the role of the Council to

determine the local government’s policies. The Council does this on the recommendation of a

Committee it has established in accordance with Section 5.8 of that Act.

 

RELEVANT PLANS AND POLICIES

 

Local Government Property Local Law 2010, section 3.13 manages activities that occur on local government property. A permit is provided by the City for activities of this nature. Charitable organisations are not required to apply for a permit due to the not for profit nature of their activities such as street appeals or selling of pins, poppies or other paraphernalia.

 

FINANCIAL IMPLICATIONS

 

Nil

 

Long-term Financial Plan Implications

 

Nil

 

STRATEGIC COMMUNITY OBJECTIVES

 

Removal of unnecessary and outdated policies such as this aligns with and supports the Council’s Key Goal Area 6 Leadership

6.1          Governance systems, process and practices are responsible, ethical and transparent.

 

RISK ASSESSMENT

 

There is no associated risk with revoking the Street Appeals Policy.

 

CONSULTATION

 

Consultation has occurred with relevant City Officers across areas such as Governance, Finance and Corporate, Rangers, Environmental Health, Economic Development and Events who could identify no relevant use of this Policy.

 

OFFICER COMMENT

 

The Street Appeals Policy was created at a point in time to deal with specific issues.

 

Charitable organisations now apply to the City for permission to hold a street appeal or sell items or raffle tickets for fundraising purposes on City property. The City responds with a letter siting the Local Government Property Law 2010, section 3.13 where they do not require a permit and that the City has no objection to the activity. The letter asks the applicant to ensure the local business adjacent is aware of the activity and that the business has no objection (Attachment C Street Appeals activity permit 121017).

 

This is a common-sense and positive approach to activities of this nature. It ensures that all participants including City, business and charitable organisation are aware of the activity.

 

The existing Street Appeals Policy is redundant given that the City has provided a mechanism that has the same power and effect to manage street appeals.

 

CONCLUSION

 

The Street Appeals Policy was likely to have been implemented because of issues at the time. A common-sense approach is achieved in a less formal manner with good results and there is a process for street appeals and fundraising activities to be conducted on City property. For this reason, it is recommended that the Street Appeals Policy is revoked.

 

OPTIONS

 

The Council could: 

1.    Choose not to revoke the Street Appeals Policy, or

2.    Choose to seek further review and/or amend it at a later date.

 

 


 

TIMELINE FOR IMPLEMENTATION OF OFFICER RECOMMENDATION

 

The revocation of the Street Appeals Policy would be effective upon the adoption of the Officer’s recommendation

 

 

COMMITTEE RECOMMENDATION AND OFFICER RECOMMENDATION

 

That the Council revokes 135/2 Street Appeals Policy

 


Council

43

13 December 2017

10.5

Attachment a

cp135-2_street_appeals superseded

 

 

135/2

Street Appeals

V1 Superseded

 

1.      Only one street appeal per week may be permitted in each of the Busselton and Dunsborough Central Business District areas.

 

2.      Any charitable organisation may be allowed a maximum of 2 street appeals during any calendar year in each of the Busselton and Dunsborough Central Business Districts.

 

3.      The following charitable organisations are granted ongoing approval to conduct one annual street appeal on the proviso that Council may alter or withdraw this approval subject to reasonable notice:

 

(a)     Legacy (January);

 

(b)     Busselton Junior Surf Club (January);

 

(c)     Civilian Maimed and Limbless Association (May);

 

(d)     Paraplegic-Quadriplegic Association of WA (May);

 

(e)     Perth City Mission (July 9 and November).

 

(Note:     This list is to be reviewed annually as part of the annual review of all Council Policies).

 

4.      Any application from a charitable organisation requesting permission to conduct a street appeal and which is not included in the above list may be determined by the Chief Executive Officer.


Council

44

13 December 2017

10.5

Attachment b

cp135-2_street_appeals

 


Council                                                                                      47                                                          13 December 2017

10.6           Policy and Legislation Committee - 30/11/2017 - REVIEW OF 017 URBAN ART POLICY

SUBJECT INDEX:

Plans, Policies and Procedures

STRATEGIC OBJECTIVE:

A community with access to a range of cultural and art, social and recreational facilities and experiences.

BUSINESS UNIT:

Community Services

ACTIVITY UNIT:

Community Services

REPORTING OFFICER:

Cultural Development Officer - Jacquie Happ

AUTHORISING OFFICER:

Director, Community and Commercial Services - Naomi Searle

VOTING REQUIREMENT:

Simple Majority

ATTACHMENTS:

Attachment a   017 Urban Art Policy

Attachment b    017 Urban Art Policy Marked Up 2017  

 

This item was considered by the Policy and Legislation Committee at its meeting on 30 November 2017, the recommendations from which have been included in this report. 

 

PRÉCIS

 

The City’s rolling review of Council policies continues via the Policy and Legislation Committee.  This report presents Policy 017 Urban Art (Attachment A 017 Urban Art) which has been reviewed by Officers. 

 

BACKGROUND

 

Council previously adopted Policy 017 Urban Art Policy on 26 June 2013 (C1306/161).


The principles of Urban Artworks are:

 

·     To encourage community participation in the creation of Urban Artworks within the City;

·     To encourage responsible Urban Artwork and deter graffiti and vandalism of City property;

·     To encourage a range of Urban Artwork styles which reflect the diversity of the community’s aspirations and vision;

·     To provide community access to high quality Urban Artwork projects for education and art appreciation purposes;

·     To build on and promote the character and identity of the Busselton region;

·     To provide spaces within the City for artists’ creative ideas and expression;

·     To develop potential designs for infrastructure, public facilities, bins and structures located near public facilities; and

·     To encourage pride and ownership of infrastructure in our community.

 

The policy guides the City and organisations on undertaking Urban Artwork on City owned or managed buildings and infrastructure.

 

While only one project has been implemented since the policy was adopted, many have been created on private property, and have added life and vibrancy to the City’s town centres, and all reflect the cultural and heritage aspirations of the community.

 


 

STATUTORY ENVIRONMENT

 

The term “graffiti vandalism” refers to defacing private and public property without consent from the property owner. Graffiti vandalism can take the form of writing, drawing or scratching onto surfaces using different implements such as paint, chalk, markers and stickers. It is illegal under the Western Australian Criminal Code Sections 444, 445, 446, 557G and 557H.

 

In terms of Regulation 5 of the Local Government (Uniform Local Provisions) Regulations 1996 a person who, without lawful authority interferes with anything on land that is local government property, commits an offence.

 

In accordance with Section 2.7(2)(b) of the Local Government Act 1995, it is the role of the Council to determine the local government’s policies. The Council does this on the recommendation of a Committee it has established in accordance with Section 5.8 of that Act.

RELEVANT PLANS AND POLICIES

 

Urban Artwork plays a key role in delivering the City’s Social Plan 2015 – 2025 in providing a welcoming community with vibrant and attractive places and spaces where local heritage and culture is valued. In particular, the Social Plan 2015-2025 identifies the need to facilitate the development of arts and culture by the continued implementation of the Cultural Plan and Local Cultural Planning Strategy (LCPS).

The City of Busselton adopted the LCPS in August 2011.  The aim of the strategy is to conserve the key cultural elements of the City of Busselton and its towns and rural areas and to maintain these elements over time.

The City’s Cultural Plan was adopted in 2005 and provides recommendations on the future directions of arts and culture in the City of Busselton and encourages the development of a collective community cultural vision and plan.

FINANCIAL IMPLICATIONS

 

There are no financial implications associated with this report.

 

Long-term Financial Plan Implications

 

Nil.

 

STRATEGIC COMMUNITY OBJECTIVES

 

This policy is consistent with fostering the following strategic objective:

Key Goal Area 1 Community

1.3          A community with access to a range of cultural and art, social and recreational facilities and experiences.

 

RISK ASSESSMENT

 

An assessment of the potential implications of implementing the officer recommendation have been undertaken using the City’s risk assessment framework, and no  risks were identified where the residual risk, once controls are considered, is medium or greater.


 

CONSULTATION

 

As the revised Policy is based on the City’s existing policy, and there is no change in focus of the policy, no public consultation is required.

 

OFFICER COMMENT

 

During the course of reviewing the Urban Art policy, the following changes were made:

 

a.    Removal of the Urban Art Project Reference Group. This has been replaced with procedures that will be managed internally.

b.    Update of Scope to be high level statement and includes what is covered.

c.     Consistent use of wording for approval and Urban Artwork.

d.    Update and removal of Definitions which are about the approval process.

e.    Formatting changes.

f.     Changes in Policy Content

i.  Removal of Assessment Criteria and Procedure

ii. Inclusion of statement of approval process

iii.                Locations of Urban Artworks

iv.               Consultation requirements

v. Maintenance and removal information

vi.               Addition of a the Policy Background and History.

 

A copy of the marked up policy is attached (Attachment B 017 Urban Art Marked Up 2017.)

 

CONCLUSION

 

The City owns property and infrastructure that where the creation of Urban Art Projects plays a part in creating vibrant spaces and reflects the aspirations of the community. As part of the regular practice of reviewing Council policies, a review was carried out on Policy 017 Urban Art. Officers recommend that the policy be adopted with the changes.

 

OPTIONS

 

The Council may agree or may not agree to change the existing policy.

The Council may seek to make alterations to the policy.

 

TIMELINE FOR IMPLEMENTATION OF OFFICER RECOMMENDATION

 

The revised policy would take effect immediately following its adoption by Council.

 

 

COMMITTEE RECOMMENDATION AND OFFICER RECOMMENDATION

 

That the Council adopts the changes and updates to Policy 017 – Urban Art as shown in Attachment B.

 

.


Council

50

13 December 2017

10.6

Attachment a

017 Urban Art Policy

 

 

 

017

Urban Art Policy

V2 Current

 

1.0          PURPOSE

The Urban Art Policy (UAP) is designed to engage and encourage the community in the creation of Urban Artwork projects reflecting the cultures and lifestyles of the people who live within the City of Busselton.

The purpose of the UAP is to assist in achieving the following objectives:

·     To encourage community participation in the creation of Urban Art Projects within the City;

·     To encourage responsible Urban Artwork and deter graffiti and vandalism of City property;

·     To encourage a range of Urban Artwork styles which reflect the diversity of the community’s aspirations and vision;

·     To provide community access to high quality Urban Artwork projects for education and art appreciation purposes;

·     To build on and promote the character and identity of the Busselton region;

·     To provide spaces within the City for artists’ creative ideas and expression;

·     To develop potential designs for infrastructure, public facilities, bins and structures located near public facilities; and

·     To encourage pride and ownership of infrastructure in our community.

          

2.0          SCOPE

The Policy will guide the City and the community who want to undertake an Urban Artwork. Council supports the development of public Urban Artwork to promote tourism, business, culture and lifestyle and add vibrancy to public spaces within the district and this policy outlines the circumstances and process required to approve an Urban Artwork.

2.1          The policy covers all Urban Artworks on

a.            City owned or managed buildings; and

b.            City owned or managed infrastructure

2.2          The policy does not cover Urban Artworks on

a.            State or Federal Government buildings; and

b.            Privately or commercially owned property or infrastructure.

 

3.0          DEFINITIONS

For the purpose of this policy the following definitions apply: -

Artist/s: are generally professional artists, experienced community artists, or arts groups will be eligible to carry out Urban Art Projects. Refer to Guidelines for further information. 

 

Artwork Design Concepts: means design artwork proof or concepts submitted to the City at the Location for approval.

Graffiti: refers to illegal artwork on private and public property without consent from the property owner and is also termed graffiti vandalism. Graffiti vandalism can take the form of writing, drawing or scratching onto surfaces using different implements such as paint, chalk, markers and stickers. Graffiti vandalism is illegal and is punishable by the Western Australian Criminal Code Sections 444, 445, 446, 557G and 557H.

Location: is the site of the Urban Artwork on City owned and managed property, fences, playgrounds, skate parks, outdoor walls, traffic underpass, or other public infrastructure.

Organiser/s:  means the person, Company or Organisation, including City of Busselton managed projects, which is responsible for organising and makes application to the City for to create an Urban Art Project.

Urban Artwork: is an artwork that has been approved by the City to be created on a City Location. It is a well organised, skilled activity which has a strong aesthetic dimension, and in which artistic effort is the major consideration.  Locations can include buildings, fences, playgrounds, skate parks, outdoor walls, traffic underpass, bus stop or other public infrastructure. For the purpose of the policy, the definition may also include other forms of art works, temporary or fixed and is not confined to paint.

4.0          POLICY CONTENT

4.1          Approval

All Urban Artwork on Locations require approval from the City before they commence.

The Urban Artwork Design Concepts will be reviewed and assessed by the City and the Organiser will be informed of the approval in writing.

4.2          Locations

Locations where Urban Artworks may be sited include City owned or managed properties and infrastructure.

4.3          Consultation

The Organiser/s must ensure that relevant stakeholders are identified and consulted with throughout the project.

 

4.4          Maintenance and Removal

As a condition of the Urban Artwork being approved, the Organiser will, in principle, be responsible for the Artwork’s maintenance and removal of graffiti at the Location. A maintenance plan is required as part of the procedures.

The maintenance period for acquired artworks will be five (5) years from the date of creation unless agreed otherwise.  If the Urban Artwork Location is not maintained and graffiti removed in a timely manner, the City reserves the right to remove it by repainting the surface.

 

6.0          RESPONSIBILITIES

Community and Commercial Services Directorate

Approval, consultation, location, artist liaison

Engineering Works and Services Directorate

Location, maintenance, removal

Finance & Corporate Services Directorate

Asset Register, insurance

 

7.0          POLICY BACKGROUND & HISTORY

 

Policy Reference No:      017

Owner Unit:                       Community Services

Policy Adopted:                26 June 2013

Review Frequency:         As Required

 

Council Resolution

Date

Information

 

December 2017

Reviewed

C1306/161

26 June 2013

Adopted and implemented

 

 

 

 

 


Council

54

13 December 2017

10.6

Attachment b

017 Urban Art Policy Marked Up 2017

 

 

 

017

Urban Art Policy

V2 Current

 

1.0          PURPOSE

The Urban Art Policy (UAP) is designed to engage and encourage the community in the development creation of Urban Art Projects Artwork projects reflecting the cultures and lifestyles of the people who live within the City of Busselton.

The purpose of the UAP is to assist in achieving the following objectives:

·     To encourage community participation in the development creation of Urban Art Projects within the City;

·     To encourage responsible Urban Artwork Projects and deter graffiti and vandalism of City property;

·     To encourage a range of Urban Artwork styles which reflect the diversity of the community’s aspirations and vision;

·     To provide community access to high quality Urban Artwork Pprojects for education and art appreciation purposes;

·     To build on and promote the character and identity of the Busselton region;

·     To provide spaces within the City for artists’ creative ideas and expression;

·     To draw attention to facilities like public ablutions, as an alternative to sometimes intrusive signage;

·     To develop potential designs for infrastructure, public facilities, bins and structures located near public facilities; and

·     To encourage pride and ownership of infrastructure in our community.

          

The City’s appointed Urban Art Project Reference Group (UAPRG) will approve Urban Art Projects on City owned or managed property. The UAPRG will consist of the City of Busselton’s Cultural Development Officer, one (1) City Councillor and two (2) suitably qualified community representatives appointed by an Expression of Interest process. The reference group has a term of two years.

2.0          SCOPE

This policy will enable Urban Art Projects to be undertaken on City owned and managed infrastructure that meet the City’s Urban Art Guidelines (Guidelines) (Attachment 1). Applications are submitted for Urban Art Projects using the Application Form (Application) (Attachment 2). The UAPRG will review and approve applications and designs prior to the Organiser/s proceeding with the project on a building or infrastructure.

The Policy will guide the City and the community who want to undertake an Urban Artwork. Council supports the development of public Urban Artwork to promote tourism, business, culture and lifestyle and add vibrancy to public spaces within the district and this policy outlines the circumstances and process required to approve an Urban Artwork.

2.1          The policy covers all Urban Artworks on

a.            City owned or managed buildings; and

b.            City owned or managed infrastructure

2.2          The policy does not cover Urban Artworks on

a.            State or Federal Government buildings; and

b.            Privately or commercially owned property or infrastructure.

 

3.0          DEFINITIONS

For the purpose of this policy the following definitions apply: -

Artist/s: are generally professional artists, experienced community artists, or arts groups will be eligible to carry out Urban Art Projects. Refer to Guidelines for further information. 

 

Artwork Design Concepts: means design artwork proof or concepts submitted to the City prior to any works commencing at the Location for approval.

Graffiti: refers to illegal artwork on private and public property without consent from the property owner and is also termed graffiti vandalism. Graffiti vandalism can take the form of writing, drawing or scratching onto surfaces using different implements such as paint, chalk, markers and stickers. Graffiti vandalism is illegal and is punishable by the Western Australian Criminal Code Sections 444, 445, 446, 557G and 557H.

Location: is the site of the Urban Artwork on City owned and managed property, fences, playgrounds, skate parks, outdoor walls, traffic underpass, or other public infrastructure.

Organiser/s:  means the person, Company or Organisation, including City of Busselton managed projects, which is responsible for organising and makes application to the City for to create an Urban Art Project.

Urban Artwork: is legal an artwork that has been approved by the City to be created on a City Location. It is a well organised, skilled activity which has a strong aesthetic dimension, and in which artistic effort is the major consideration.  Locations can include buildings, fences, playgrounds, skate parks, outdoor walls, traffic underpass, bus stop or other public infrastructure. For the purpose of the policy UAP, the definition may also include other forms of art works, temporary or fixed and is not confined to paint.

 is legal artwork, where approval has been granted by the City of Busselton to create an artwork on City owned or managed infrastructure. Urban Art is painted on authorised surfaces, and is generally a well organised, skilled activity which has a strong aesthetic dimension, and in which artistic effort is the major consideration.

Urban Art Project: is an artwork proposed to be created within the City of Busselton on public

Urban Art Project Application Form: The (Application Form) is required to be completed by Organiser/s for any Urban Art Projects. The Application requests  requires information regarding: on the location, description of artwork, intended participants, consultation process, stakeholders, maintenance and the removal of an Urban Artwork. in relation to the Urban Art Projects.

Urban Art Project Reference Group: The City appointed reference group will review and approve Urban Art Project applications. The comprises of the City’s Cultural Development Officer, One (1) City Councillor and Two (2) suitably qualified community members. The term of the appointment is two years.

4.0          POLICY CONTENT

Assessment Criteria

4.1          Approval

All applications for Urban Artwork Projects on Locations require approval from UAPRG the City before Urban they commence.

The Urban Artwork Design Concepts Projects will be reviewed and assessed by the City in accordance with the Guidelines. and approved in writing by the Cultural Development Officer. and the Organiser will be informed of the approval in writing.

4.2          Locations

Locations where Urban Artworks may be sited include City owned or managed properties and infrastructure.

4.3          Consultation

The Organiser/s must ensure that relevant stakeholders are identified and consulted with throughout the project.

 

4.4          Maintenance and Removal

As a condition of the Urban Artwork being approved, the Organiser will, in principle, be responsible for the Artwork’s maintenance and removal of graffiti at the Location. A maintenance plan is required as part of the procedures.

The maintenance period for acquired artworks will be five (5) years from the date of creation unless agreed otherwise.  If the Urban Artwork Location is not maintained and graffiti removed in a timely manner, the City reserves the right to remove it by repainting the surface.

5.0          PROCEDURE

1              Organisers provided with the Guidelines (Attachment 1)

2              Organisers submit the Application  (Attachment 2)

3              City acknowledges receipt of Application Form

4              Artist is approved

5              Organisers submit Artwork Design Concepts for approval

6              UAPRG approves artwork to commence at approved Location

7              Artwork commences

8              City advised of completion

9              Artwork added to City database of public art

10           Graffiti maintenance by Organiser/s

11           Maintenance or removal or artwork by City as deemed necessary

 

6.0          RESPONSIBILITIES

Community and Commercial Services Directorate

Approval, consultation, location, artist liaison

Engineering Works and Services Directorate

Location, maintenance, removal

Finance & Corporate Services Directorate

Asset Register, insurance

 

7.0          POLICY BACKGROUND & HISTORY

 

Policy Reference No:      017

Owner Unit:                       Community Services

Policy Adopted:                26 June 2013

Review Frequency:         As Required

 

Council Resolution

Date

Information

 

19 November 2017

Reviewed

C1306/161

26 June 2013

Adopted and implemented

 

 

 

 


Council                                                                                      58                                                          13 December 2017

10.7           Policy and Legislation Committee - 30/11/2017 - REPEAL OF POLICY: COMMUNITY FACILITY BOOKINGS (#027)

SUBJECT INDEX:

Facility Bookings

STRATEGIC OBJECTIVE:

Governance systems, process and practices are responsible, ethical and transparent.

BUSINESS UNIT:

Information Services

ACTIVITY UNIT:

Information Services

REPORTING OFFICER:

Manager, Information Services - Hendrik Boshoff

AUTHORISING OFFICER:

Director, Finance and Corporate Services - Cliff Frewing

VOTING REQUIREMENT:

Simple Majority

ATTACHMENTS:

Attachment a   Policy 027 - Community Facility Bookings

Attachment b    Policy 249 - Non-Exclusive Use of City Land - Marked Up

Attachment c    Policy 249 - Non-Exclusive Use of City Land - Final  

 

This item was considered by the Policy and Legislation Committee at its meeting on 30 November 2017, the recommendations from which have been included in this report. 

 

PRÉCIS

 

In November 2016, Council adopted a new policy ‘Non-exclusive Commercial Use of Land’ (#249). This report recommends Council amends this policy to include short-term and seasonal hire and repeals a related policy that has guided community facility bookings of City owned and/or controlled land on a seasonal and short-term basis, namely ‘Community Facility Bookings’ (#027) Policy.

 

BACKGROUND

 

Prior to development of this Policy, the City had been managing a significant amount of non-exclusive use of City land and facilities, but without an overarching or integrated policy framework. Because of the level of interest in the subject, the potential implications of such activity, both positive and negative, and the need for administrative fairness, consistency, efficiency and robust decision-making, this policy was developed. Since it was first adopted, the scope of the policy has been expanded to include short-term or seasonal hire of City land and facilities, which was originally excluded. Further background to the development of this Policy can be found in the reports to the Council that have supported the Policy’s consideration, adoption and review by the Council.

STATUTORY ENVIRONMENT

 

The following legislation provides legal parameters for commercial and community use of public land:

 

·    Land Administration Act 1997 and associated regulations

·    Local Government Act 1995 and associated regulations

·    Planning and Development Act 2005 and associated regulations

·    Building Act 2012 and associated regulations

·    Health Act 1911 and associated regulations

·    Public Health Act 2016

·    Food Act 2008 and associated regulations

·    Local Planning Scheme 21 and associated structure plans and policies

·    Activities in Thoroughfares and Public Places and Trading Local Law

·    Property Local Law

·    Jetties Local Law

·    Airport Local Law

 

RELEVANT PLANS AND POLICIES

 

The following plans and policies reference commercial and community use of public land:

 

·    Busselton Foreshore Master Plan

·    Busselton City Centre Conceptual Plan

·    Dunsborough Town Centre Conceptual Plan

·    Mobile Vendors on the Busselton Jetty Policy – Reference No. 006

·    Community Facilities Bookings Policy – Reference No. 027*

·    Markets Policy – Reference No. 074

·    Events Policy – Reference No. 231

·    Leases of City Land and Buildings Policy – Reference No. 248

·    Non-exclusive Commercial Use of  Land  (Policy #249)

 

* the Officer recommendation in this report recommends this policy be repealed and replaced with the single policyNon-exclusive Commercial Use of  Land  (Policy #249)’ .

 

FINANCIAL IMPLICATIONS

 

There are no financial implications arising from the Officer recommendation.  Relevant elements of the schedule of fees and charges have been updated in the City’s 2017/18 budget to reflect the individual hire rates for each venue and hire type as appropriate. The hire fees and charges are reviewed annually in accordance with the City’s budget processes.

 

Long-term Financial Plan Implications

NIL

 

STRATEGIC COMMUNITY OBJECTIVES

 

These policies are aligned to Key Goal Area 6: Leadership that is Visionary, collaborative and accountable.

 

RISK ASSESSMENT

 

There are no risks rated medium or high associated with the Officer recommendation.

 

CONSULTATION

 

No specific community consultation was undertaken during the development of this report. However, officers engaged with other Local Governments and the various City Officers who administer the bookings of City facilities and land on both short-term and seasonal hire basis.

 

OFFICER COMMENT

 

The City manages a large variety of short-term and seasonal hireable facilities, each with their own specific attributes and capabilities. To guide the management of these facilities Officers utilised operational guidelines, adopted fees and charges, relevant legislation and refer to internal departments where appropriate. The opening of the new Civic and Administration Centre and in particular the availability of the Undalup Room initiated a full review of short-term hire information provision and it was found the operational parameters might differ between facilities. Therefore Officers progressed the development of individual hire forms, which contains all the relevant information and terms and conditions for each facility.


 

The aim being a single document per facility or facility group that can be presented to a potential hirer without the need to include excessive information not relevant to the facility being booked.

 

As such there has been a reduced need to use the Community Facility Bookings (#027) Policy and in fact a number of generic items contained in the policy contradict with the desired use of facilities. For example the policy restricts the commercial hire of a City facility to no more than sixteen hours (16) in any one week, clearly there would be various occasions where the commercial hire exceeding 16 hours might be appropriate.

 

During the review officers also assessed Non-exclusive Commercial Use of Land (Policy #249) and it was found the principles and desired outcomes set out in this Policy are consistent with the overarching principles and desired outcomes of both short-term and seasonal hire of City facilities, but it allows enough operational leeway to ensure the best use is made of the various facilities. That said, utilising the higher level Policy as a guiding principle will necessitate the need for more detailed individual or like type grouped operational documentation to ensure the facilities are appropriately managed.

 

CONCLUSION

 

As noted the City’s number of short-term and seasonal hireable spaces have increased over the years, adding complexities in the desired use of these facilities. As the operational needs of the facilities became relevant officers developed corresponding guidelines, predominantly in the shape of hire forms, to assist with the appropriate management of the facilities. It is anticipated the City will continue to see an increase in the number of managed facilities and correspondingly a growth in the diversity of use.

 

Currently Officers are no longer using the ‘Community Facility Bookings’ (#027) Policy, as the operational documents, other relevant regulatory items and the City fees and charges have superseded this Policy. That said there is still a need to ensure a high level procedural fairness and equity for the access and use of short-term and seasonal hire of City facilities.

 

The overarching principles contained within Non-exclusive Commercial Use of Land (#249) Policy are deemed a good fit for the desired outcomes of procedural fairness and equity, and the following changes are recommended to include short-term and seasonal hire into this policy:

 

1.    The title of the policy to be amended to read

‘Non-exclusive Use of City Land and Facilities’

2.    The scope of the policy amended to include short-term and seasonal hire:

‘•            Short-term and seasonal hire of City land and facilities such as sporting grounds, halls, public open spaces or reserves.’

3.    Remove the exclusion of the short-term and seasonal hire from the scope exclusion by the deletion of:

‘Activities associated with the short-term hiring of City property;

General sporting use of ovals or similar’

4.    Amend objective one to include community and individuals:

‘1. Achieving fair outcomes, in both procedural and outcome terms, in relation to the treatment of different businesses, business models, activities, community groups and individuals;’

5.    Inclusion of a guiding principle directly related to short-term and seasonal hire:

‘6. Notwithstanding clause 1 above, where there is a need for short term or seasonal hire of City land and/or facilities for a specific use, these will be managed through appropriate guidelines specific to each portion of land or facility, in keeping with the broader policy direction.

 

It is also recommended that Council repeals the ‘Community Facility Bookings (#027)’ Policy, which deals with community and commercial short-term and seasonal hire of City managed facilities and public spaces.

 

OPTIONS

 

Council may elect not to repeal the Policy as recommended by Officers and request a further review of the policy framework for non-exclusive use of City land.

 

TIMELINE FOR IMPLEMENTATION OF OFFICER RECOMMENDATION

 

Should Council adopt the Officer recommendation, the policy will be repealed immediately

 

COMMITTEE RECOMMENDATION AND OFFICER RECOMMENDATION

 

That the Council, with respect to the non-exclusive commercial and community use of City land:

 

1.            Revokes the ‘Community Facility Bookings (#027)’ Policy, which deals with community and                 commercial short-term and seasonal hire of City managed facilities and public spaces (see                 Attachment A);and,

 

2.            Adopts the minor changes to ‘Non-Exclusive Commercial Use of Land Policy (#249)’ (see                 Attachment B), to include short-term and seasonal hire of City Land, which supersedes the                 above policy and is the principal framework for administering permits and licenses for hire                 activities on City land

.


Council

62

13 December 2017

10.7

Attachment a

Policy 027 - Community Facility Bookings

 


 


 


 


Council

66

13 December 2017

10.7

Attachment b

Policy 249 - Non-Exclusive Use of City Land - Marked Up

 


 


 


 


Council

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13 December 2017

10.7

Attachment c

Policy 249 - Non-Exclusive Use of City Land - Final

 


 


 


 


Council                                                                                      74                                                          13 December 2017

10.8           Policy and Legislation Committee - 30/11/2017 - MINOR UPDATING OF COUNCIL POLICIES FOLLOWING FURTHER REVIEW PROCESS

SUBJECT INDEX:

Policies and Procedures

STRATEGIC OBJECTIVE:

Governance systems, process and practices are responsible, ethical and transparent.

BUSINESS UNIT:

Engineering and Facilities Services

ACTIVITY UNIT:

Engineering and Work Services

REPORTING OFFICER:

Manager, Engineering and Facilities Services - Daniell Abrahamse

AUTHORISING OFFICER:

Director, Engineering and Works Services - Oliver Darby

VOTING REQUIREMENT:

Simple Majority

ATTACHMENTS:

Attachment a   Council Policy 140/3 - Roads - Extra Mass Permit Conditions

Attachment b    Revised Council Policy 179 - Engineering Technical Standards and Specifications

Attachment c    Revised Council Policy 179 - Engineering Technical Standards and Specifications - Track Changes

Attachment d   Revised Council Policy 185/3 - Verge and Public Open Space Improvement - Subdivision

Attachment e    Revised Council Policy 185/3 - Verge and Public Open Space Improvement - Subdivision - Track Changes  

 

This item was considered by the Policy and Legislation Committee at its meeting on 30 November 2017, the recommendations from which have been included in this report. 

 

PRÉCIS

 

The City’s rolling review of Council policies continues via the Policy and Legislation Committee.  This report presents a range of policies that have been thoroughly reviewed by the responsible officers and assessed as requiring, withdrawal, minimal change with the exception of updating terminology to City.  While no substantial changes are recommended, the operation of each policy has been examined in detail to ensure no other changes are required.

 

BACKGROUND

 

The Policy and Legislation Committee has endorsed an ongoing policy review process, whereby all policies of the Council will be reviewed, with the aim of determining the ongoing applicability of the policies, along with standardisation and reduction.

 

STATUTORY ENVIRONMENT

 

In accordance with Section 2.7(2)(b) of the Local Government Act 1995 it is the role of the Council to determine the local government’s policies.  The Council does this on the recommendation of a Committee it has established in accordance with Section 5.8 of that Act.

 

Each policy referred to in this report has been developed in accordance with and reviewed being aware of the relevant enabling legislation.

 

RELEVANT PLANS AND POLICIES

 

This report proposes the update of a series of existing policies of the Council.

 

 

FINANCIAL IMPLICATIONS

 

There are no financial implications arising from the review of these policies.

 

Long-term Financial Plan Implications

 

Not applicable.

 

STRATEGIC COMMUNITY OBJECTIVES

 

The ongoing review of Council policies helps achieve governance systems that deliver responsible, ethical and accountable decision-making.

 

RISK ASSESSMENT

 

Having a policy relating to any matter is an effective risk mitigation strategy and there are no risks remaining at a sufficient level for further individual assessment.

 

CONSULTATION

 

Not required.

 

OFFICER COMMENT

 

In the main, it is the considered view of the relevant officers that the policies included in this report have been operating efficiently and effectively since the previous review was undertaken by the Policy and Legislation Committee and the Council.

 

This report presents a range of policies that have been thoroughly reviewed by the responsible officers and assessed as requiring minimal change with the exception of updating terminology to City.  While no substantial changes are recommended, the operation of each policy has been examined in detail to ensure no other changes are required. A brief comment on the changes associated with each policy is provided below:

 

Council Policy 140/3 – Roads – Extra Mass Permit Conditions

 

The purpose of the current policy is that the Chief Executive Officer advise Main Roads WA (MRWA) of the route plan and conditions recommended to be imposed by MRWA on all applications seeking heavy and/or multi-combination permit (HVP) approval to use Council's roads.

 

The policy also requires that standard conditions and other specific conditions relevant to a situation be imposed on all HVP Applications.  The HVPs will only be approved for issue where the transported item results from an activity which is legally approved by Council.

 

 

City officers have reviewed the current policy and are of the considered view that this policy is obsolete and therefore no longer relevant as all the actions contained within the policy are now addressed through Main Roads WA Heavy Vehicle Services (MRWA HVS) assessment and approval processes.

 

To this MRWA HVS is responsible for the final assessment and approval for all Restricted Access Vehicles (RAV) and Extra Mass Permits including roads under the care and control of the City. MRWA HVS introduced the “Standard RAV Route Assessment Guidelines” to ensure consistency in road suitability assessments and access conditions at a state wide level.

Notwithstanding this the City maintains the ability to include specific conditions when assessed to be in the best interest of the City or Community including limiting hours of operation and school bus curfews.

 

MRWA HVS have introduced to specific RAV assessment frameworks, being: “Framework for Applying for Adding Local Government Roads to Restricted Access Vehicle Networks” and “Framework for Downgrading Local Roads on the Restricted Access Vehicle Networks”. This allows the City to manage access to its road network in manner to maximise the benefits to the community as a whole.

 

In addition to the new frameworks there is also avenues within the Local Government Act to restrict access immediately should significant issues be identified such as road degradation or safety issues.

 

As a result of the review officers are recommending that this policy be revoked.

 

Council Policy 179 – Engineering Technical Standards and Specifications

 

The policy was last reviewed on 27 June 2012. The purpose of this policy is to provide a framework for the range of standards and specifications to be applied to civil infrastructure works within the City of Busselton. That the Council has adopted and requires the implementation of a series of standards and specifications as set out in this policy.

 

The proposed to the existing policy includes minor additions and recommends that these Engineering Technical Standards and Specifications not be referred to the Council when they get updated due as a result of new Australian Standards and/or any other Industry Standards. In order to negate the need of numerous reports to Council, its recommended by officers that the  if any changes  are to be made to these Standards and Specifications the Chief Executive Officer will implement them without referral to the Council.

 

If the changes to the Engineering Technical Standards and Specifications are deemed to have an adverse effect on the Council, the Chief Executive Officer will refer these changes to the Council for consideration.

 

Council Policy 185/3 – Verge and Public Open Space Improvement - Subdivision

 

The policy was last reviewed on 25 July 2007. The intention of this policy is to establish the City’s minimum landscaping standard and to provide guidance to the Council if considering any proposal from a developer to implement a higher standard of landscaping, including associated maintenance agreements and arrangements.

 

Officers have reviewed the current policy and have made some minor changes, these changes are listed as follows:-

 

·    For clarity a definition of ‘verge’ has been included at the beginning of the Policy.

·    A requirement under Option A has been added stating ‘a Landscape Maintenance Agreement may be required for Option A at the discretion of the City.’

·    Roundabouts and drainage basins have been added requiring verge plantings by the developer in the ‘Verge Landscaping’ section of the Policy.

·    A requirement in Downgrade Items/ Entry Statements section has been added stating ‘at the City’s discretion, Entry Statements may form part of Landscape Option A or C subdivisions’ Landscape Maintenance Agreement’. This is an alternative option to a specific stand-alone (short form) Entry Statement Maintenance Agreement required under this policy.

 

 

 

CONCLUSION

 

The three policies have provided consistent guidance to City decision-making processes, however other than minor updates there are no substantial changes.

 

OPTIONS

 

The Committee may recommend and the Council may determine that a policy or policies are not required or that further changes are necessary.

 

TIMELINE FOR IMPLEMENTATION OF OFFICER RECOMMENDATION

 

The policies remain effective and the updated versions will take effect as soon as a decision is made by the Council.

 

COMMITTEE RECOMMENDATION AND OFFICER RECOMMENDATION

 

That the Council:

 

1.            Revoke Policy 140/3 – Roads – Extra Mass Permit Conditions as shown in Attachment A.

2.            Adopts the changes and updates to Policy 179 – Engineering Technical Standards and                 Specifications as shown in Attachment B.

3.            Adopts the changes and updates to Policy Council Policy 185/3 – Verge and Public Open                 Space Improvement - Subdivision as shown in Attachment D

.


Council

77

13 December 2017

10.8

Attachment a

Council Policy 140/3 - Roads - Extra Mass Permit Conditions

 


 


 


Council

80

13 December 2017

10.8

Attachment b

Revised Council Policy 179 - Engineering Technical Standards and Specifications

 


 


 


Council

83

13 December 2017

10.8

Attachment c

Revised Council Policy 179 - Engineering Technical Standards and Specifications - Track Changes

 


 


 


Council

93

13 December 2017

10.8

Attachment d

Revised Council Policy 185/3 - Verge and Public Open Space Improvement - Subdivision

 


 


 


 


 


 


 


 


 


 


Council                                                                                      155                                                        13 December 2017


 


 


 


 


 


 


 


 


 


 

 

11.             Planning and Development Services Report

11.1           AMENDMENT NO. 29 (OMNIBUS NO. 4) TO LOCAL PLANNING SCHEME NO. 21 - CONSIDERATION FOR INITIATION FOR COMMUNITY CONSULTATION

SUBJECT INDEX:

Local Planning Scheme 21 Amendments

STRATEGIC OBJECTIVE:

Planning strategies that foster the development of healthy neighbourhoods that meet our needs as we grow.

BUSINESS UNIT:

Strategic Planning and Development Services

ACTIVITY UNIT:

Strategic Planning and Development

REPORTING OFFICER:

Senior Strategic Planner - Helen Foulds

AUTHORISING OFFICER:

Director, Planning and Development Services - Paul Needham

VOTING REQUIREMENT:

Simple Majority

ATTACHMENTS:

Attachment a   Council Minutes 26 April 2017

Attachment b    Review of Terms Referred to in Scheme

Attachment c    Zoning Table tracked changes

Attachment d   Busselton City/Town Centre Zone and proposed Drive-through Exclusion Area

Attachment e    Dunsborough City/Town Centre Zone and proposed Drive-through Exclusion Area

Attachment f    Dunbarton Proposed Special Provision

Attachment g   Carnarvon Castle Drive, Eagle Bay proposed Residential zoning

Attachment h   Okapa Rise and Sloan Drive, Dunsborough proposed Residential zoning  

  

PRÉCIS

 

The primary purpose of this Omnibus Amendment is to generally align sections of Local Planning Scheme No. 21 (the Scheme) to the ‘Model Provisions’, which are contained within Schedule 1 of the Planning and Development (Local Planning Schemes) Regulations 2015.

 

The amendment will specifically seek to align the zones within the Scheme with the standard suite of zones set out in the Model Provisions, to review and refine the ‘policies and objectives’ and other provisions of each of the zones, to review and align the land-use definitions to be more consistent with the Model Provisions and finally to review the zoning table to avoid unintended consequences.

 

The amendment also proposes to introduce development standards for the new ‘City/Town Centre’ zone that would apply to the Busselton City and Dunsborough Town Centres and identify areas within the Centres where a prohibition on ‘drive-through facilities’ would apply.

 

It is recommended that Amendment No. 29 to the Scheme be initiated and adopted for the purposes of community consultation.

 

BACKGROUND

 

On 15 October 2014, the City of Busselton Local Planning Scheme No. 21 (the Scheme) was published in the Government Gazette.  The Scheme, which incorporates the Scheme text and Scheme map, controls and guides development and growth within the City of Busselton.

 

In October 2015 new Planning and Development (Local Planning Schemes) Regulations came into effect. The Regulations affect arrangements for local planning schemes, strategies and amendments. In addition to a ‘model scheme text’ (known as the Model Provisions), the Regulations introduced a set of ‘deemed provisions’ that automatically form part of all local planning schemes. 

 

The City is engaged in an orderly process to update and align its Scheme with the Planning and Development (Local Planning Schemes) Regulations, 2015.  This process will be achieved through consecutive amendments commencing with Omnibus 2 and extending through a range of other initiatives, as set out in a Council resolution of 26 April 2017, pursuant to a report titled “Development Control framework – Review and Proposed Direction” (provided at Attachment A).  This report sets out planned Omnibus Amendments as follows –

 

1.         Omnibus Amendment 2 (Amendment 25) – Deemed Provisions Alignment: currently with the Western Australian Planning Commission and Minister for Planning for final approval;

2.         Omnibus Amendment 3 (Amendment 28) – Development Zones Consolidation: anticipated to be brought before Council for initiation early in 2018;

3.         Omnibus Amendment 4 (Amendment 29) – Model Provisions Alignment: this amendment, currently under consideration for initiation;

4.         Omnibus Amendment 5 (Amendment 30) – Implementation of Adopted Planning Strategy and State Planning Policy Recommendations: details of amendment yet to be scoped;

5.         Omnibus Amendment 6 (Amendment 31) – Miscellaneous Development Control Changes: details of amendment yet to be scoped;

6.         Omnibus Amendment 7 (Amendment 32) – Mapping and Schedules Consolidation / Review/rationalization of redundant/outdated structure plans or similar: details of amendment yet to be scoped; and

7.         Omnibus Amendment 8 (Amendment 33) – Residential Density and Special Character Area Controls Review / review of Special Character Area Policies: details of amendment yet to be scoped.

 

This particular Amendment seeks to generally align the Scheme with the Model Provisions, more specifically to align the zones within the Scheme with the standard suite of zones set out in the Model Provisions, to review and refine the ‘policies and objectives’ and other provisions of each of the zones, and to review and align the land-use definitions to be more consistent with the Model Provisions, along with a review of the zoning table to avoid unintended consequences.

 

Also included within this Amendment is the incorporation of a number of standard provisions into the Scheme for the Busselton City and Dunsborough Town Centres, to provide guidance to development within the proposed new ‘City/Town Centre’ zone.

 

STATUTORY ENVIRONMENT

 

The key elements of the statutory environment in relation to the draft amendment are set out in the Planning and Development Act 2005 and the Planning and Development (Local Planning Schemes) Regulations 2015. This Scheme Amendment has been prepared having regard to the Act, the Regulations and Model Provisions and Deemed Provisions contained therein.

 

The Planning and Development (Local Planning Schemes) Regulations 2015 identifies three different levels of amendments – basic, standard and complex.  The resolution of the local government is to specify the level of the amendment and provide an explanation justifying this choice. 


 

This Amendment is considered to be a ‘standard’ amendment, given the amendment is to provide consistency with the model provisions in Schedule 1 of the Regulations and is consistent with local planning strategies for the District. 

 

RELEVANT PLANS AND POLICIES

 

The key policy implications with respect to the proposal are set out in the following, which are discussed below under appropriate subheadings:

 

·    State Planning Policy 2.5: Rural Planning and Development Control Policy 3.4: Subdivision of rural land;

·    Draft State Planning Policy 7: Design of the built environment;

·    Liveable Neighbourhoods;

·    Draft Local Planning Strategy;

·    Local Commercial Planning Strategy; and

·    Busselton City and Dunsborough Town Centre Conceptual Plans

 

State Planning Policy 2.5: Rural Planning (2016) and Development Control Policy 3.4: Subdivision of rural land (2016)

 

State Planning Policy 2.5: Rural Planning (SPP 2.5) is the basis for planning and decision-making for rural and rural living land across Western Australia.  The purpose of this policy is to protect and preserve Western Australia’s rural land assets due to the importance of their economic, natural resource, food production, environmental and landscape values.

 

Development Control Policy 3.4: Subdivision of rural land (DC 3.4) sets out the principles that will be used by the WAPC in determining applications for the subdivision of rural land. The policy is consistent with the objectives of State Planning Policy 2.5: Rural Planning, which establishes the statewide policy framework for rural land use planning in Western Australia.

 

Draft State Planning Policy 7: Design of the built environment

 

Draft State Planning Policy 7 for Design of the Built Environment (SPP 7) is the lead policy that establishes the requirement for design quality across the whole built environment. SPP 7 includes ten principles for good design and sets up the requirement for expert design review as a part of the evaluation process.

 

Liveable Neighbourhoods

 

Liveable Neighbourhoods (LN) is a policy of the Western Australian Planning Commission (Commission) and sets out extensive planning direction relevant to consideration of proposed urban development. LN currently exists in two relevant forms, the adopted 2009 version (LN 2009), and the draft 2015 version (LN 2015). Whilst LN generally applies to structure plans (and other subsidiary planning instruments, such as activity centre plans and local development plans) and applications for subdivision approval, it does set out the Commission’s overall direction for planning of urban areas, especially with respect to urban design, and as such provides useful and relevant advice when considering urban design requirements of the Scheme.

 

Draft Local Planning Strategy

 

The draft Local Planning Strategy (LPS) was adopted by Council for final approval in September 2016 and is currently with the Western Australian Planning Commission for endorsement.

 

‘Theme 1’ of the LPS, ‘Settlement and community’, includes the direction to “support and pro-actively plan to identify suitable areas for re-subdivision/consolidation of existing rural-residential development in both the Commonage and Dunbarton rural residential areas.

 

 ‘Theme 2’ of the LPS, ‘Activity centres and economy’, identifies the following, relevant, strategies and objectives:

·    Objective (d) – “The continued growth of the Busselton City Centre and Dunsborough Town Centre as the main centres of the economic, social and cultural life of the District;”

·    Strategy (c) – “…activity centres shall be…developed along predominantly ‘main-street’ lines, with activated public streets and high levels of pedestrian amenity…

 

Local Commercial Planning Strategy

 

The Local Commercial Planning Strategy (LCPS), adopted by Council on 10 November 2010, provides the long term strategic land use planning and strategic direction for the development of commercial land within the District. 

 

The LCPS considered and made recommendations on urban design improvements in and around the Busselton City Centre and Dunsborough Town Centre, including identifying a number of “Key Principles” for both Centres.  Relevant principles have been identified as follows: 

 

5.2.3 Urban Design Principles (Busselton)

·    Encourage mixed uses - residential, offices, hospitality, retail and community – in the town centre, to increase vitality.

·    Develop a more cohesive, vernacular style for built development in the town and control the intrusion of brands and homogenised building styles.

·    Encourage pedestrian movement in the town centre.

·    Traffic circulation in the town centre needs to be managed to ensure that reduced amenity and poor safety does not result.

·    Provide well located peripheral car parks to encourage pedestrian movement in the town centre.

 

5.3.3 Urban Design Principles (Dunsborough)

·    Encourage mixed uses - residential, offices, hospitality, retail and community – in the town, to increase vitality.

·    Increase safe and efficient pedestrian movement in the town.

·    Provide well located car parks to encourage pedestrian movement in the centre of town.

 

Busselton City and Dunsborough Town Centre Conceptual Plans

 

The Busselton City and Dunsborough Town Centre Conceptual Plans further developed the recommendations of the LCPS and have in turn guided this Amendment.  These plans were adopted by Council at its meeting of 29 January 2014 following a period of public consultation in April and May of the previous year.

 

The Conceptual Plans contain a number of recommendations aimed at making the Busselton City Centre and Dunsborough Town Centre more attractive and pedestrian friendly.  Those include proposed streetscape upgrades, now partially complete, and ‘Development/Redevelopment Cells’ requiring site-specific design guidance/integration.

 

FINANCIAL IMPLICATIONS

 

There are considered to be no direct financial implications arising from the implementation of the Officer Recommendation.

 

Long-term Financial Plan Implications

 

Nil.

 

STRATEGIC COMMUNITY OBJECTIVES

 

The Officer Recommendation is consistent with the following community objectives of the City of Busselton Strategic Community Plan 2017:

 

2.1 – “Planning strategies that foster the development of neighbourhoods that meet our needs as we grow”; and

 

2.3 – “Creative urban design that produces vibrant, mixed-use town centres and public spaces.”

 

RISK ASSESSMENT

 

An assessment of the potential implications of implementing the Officer Recommendation has been undertaken using the City’s risk assessment framework. The assessment identified ‘downside’ risks only, rather than upside risks as well.  The implementation of the Officer Recommendation will involve initiating the proposed scheme amendment and referring it to the Environmental Protection Authority.  In this regard, there are no significant risks identified.

 

CONSULTATION

 

There is no requirement under the Planning and Development Act 2005 to advertise a proposed scheme amendment prior to it being initiated by the Council. Accordingly, no advertising has occurred to date.  However, the City has consulted with the Department of Planning, Lands and Heritage in drafting the proposed amending text.  The proposals outlined in this report also reflect outcomes of earlier consultation in relation to development proposals as well as development of the City’s Community Strategic Plan, Draft Local Planning Strategy and Busselton City Centre and Dunsborough Town Centre Conceptual Plans

 

If the Council resolves to initiate the proposed amendment, the related documentation will be referred to the Environmental Protection Authority (EPA) to consider the need for formal review under Part 4 of the Environmental Protection Act 1986. If the EPA determines that formal review is unnecessary, it will be advertised for a period of 42 days in accordance with the Regulations and include referral to relevant state government agencies.  In the event that the EPA determines that the proposal is to be formally reviewed, the City shall cause such review to be undertaken in accordance with s82 of the Planning and Development Act 2005.

 

OFFICER COMMENT

 

The primary purpose of this Omnibus Amendment is to generally align the Scheme to the Model Provisions, contained within Schedule 1 of the Planning and Development (Local Planning Schemes) Regulations 2015.

 


 

The amendment will specifically seek to:

 

1.   Align the zones within the Scheme with the standard suite of zones set out in the Model Provisions; 

2.   Review and refine the objectives and policies of each of the zones and the relevant provisions more generally;

3.   Review and align the land use terms and general definitions with the Model Provisions, along with the zoning table to avoid unintended consequences;

4.   Incorporate provisions for the new ‘City and Town Centre’ zone, including provisions for ‘Drive-Through Facilities’; and

5.   Pave the way for the future rezoning of the Dunbarton/Vasse Rural Residential area to a low density Residential zone, by applying a Special Provision requiring an overall Structure Plan for road network planning, public open space and urban water planning, amongst others.

 

Each of these will be discussed in greater detail below.

 

1.       Alignment of Zones

 

The zones have been reviewed with the following table summarising the outcome of this review:

Current Zone name in Scheme

Notes

Recommendation

Residential

Consistent with name in Model Provisions.

Retain zone name.

Business

Separate zone to be established for Busselton and Dunsborough CBDs, to acknowledge primacy of these centres within the Municipality. 

The Model Provisions identify the ‘Centre’ zone and ‘Commercial’ zone, however it is recommended to create zone names that more logically inform the nature of these zones.

‘City/Town Centre’ zone to be established for Busselton and Dunsborough.

Local/Neighbourhood Centre’ for all other existing ‘Business’ zones outside of the two main centres.  Officers considered separating this into two further zones, ‘Local’ and ‘Neighbourhood’, but determined that given permissibilities and provisions would be consistent, it was not necessary to have three ‘Centre’ zones.

Restricted Business

Referred to as ‘Service Commercial’ in the Model Provisions.

Update the zone name to ‘Service Commercial’ for consistency with the Model Provisions and replace all ‘Restricted Business’ zonings, with the exception of the Old Broadwater Farm commercial site to be rezoned to ‘Local/Neighbourhood Centre’ (additional information provided below).

Tourist

Referred to as ‘Tourism’ in the Model Provisions.

Update zone name to ‘Tourism’ for consistency with the Model Provisions and replace all ‘Tourist’ zonings.

Industrial

The Model Provisions provide the following Industry zones:

· ‘Light Industry’;

· ‘General Industry’; and

· ‘Strategic Industry’.

(Note: The ‘Industrial Development’ zone will be introduced with Amendment 28, Omnibus 3.)

Update zone name to ‘Light Industry’ for consistency with the Model Provisions and replace all ‘Industrial’ zonings.

Introduce ‘General Industry’ zone for later use, which would be utilised for the Airport Industry Park once developed.

Agriculture

Referred to as ‘Rural’ in the Model Provisions.

Update zone name to ‘Rural’ for consistency with the Model Provisions and replace all ‘Agriculture’ zonings.

Viticulture and Tourism

No direct match in Model Provisions.  Consideration was given towards combining this zone with the ‘Rural’ zone and applying provisions that would prohibit certain uses that are not currently discretionary in the Viticulture and Tourism zone.  However, given the complexity of the proposed change it has been decided to retain the zone as it stands currently.

Retain zone name.

Rural Residential

The Model Provisions provide the following Rural Residential-type zones:

· ‘Rural Residential’ – lots generally 1 ha to 4 ha in size;

· ‘Rural Smallholding’ – lots generally 4 ha to 40 ha in size.

For simplicity, and also because, once subdivision has occurred, there are very few lots smaller than 4ha in area, it is recommended to retain the ‘Rural Residential’ zoning, rather than split into two zones dependent on lot size.  Some areas that are currently zoned ‘Rural Residential’ are recommended to be rezoned to a low density ‘Residential’ zone.  This matter is discussed in greater detail later within this report.

Retain zone name.

 

Rural Landscape

No direct match in Model Provisions.

Retain zone name.

Conservation

The Model Provisions provide an ‘Environmental Conservation’ zone.  However, a review of zone objectives indicates differing purposes to the City’s ‘Conservation’ zone.

Retain zone name.

Bushland Protection

No direct match in Model Provisions.  This zone is in use through the Biodiversity Incentive Strategy, where landowners are encouraged to protect areas of good quality remnant vegetation within their property by undergoing a rezoning from ‘Agriculture’ or ‘Viticulture and Tourism’ to ‘Bushland Protection’, in return for a greater lot yield.  This program has been successful in placing large areas of quality vegetation into protection.

Retain zone name.


 

Special Purpose

Referred to as ‘Special Use’ in the Model Provisions.

Update zone name to ‘Special Use’ for consistency with the Model Provisions and replace all ‘Special Purpose’ zonings.

Introduce new Schedule into Scheme for Special Use table, whereby acronyms within the Scheme maps will be designated a ‘Special Use’ number.  Some Special Uses are proposed to be combined (i.e. Educational Establishment and Private School, Road Purposes and Bypass, Camping/Caravan Park and Caravan Park).

Vasse Development and Deferred Vasse Development

These zones are intended to be reviewed through Amendment 28 (Omnibus 3), along with the recommended introduction of the ‘Urban Development’ and ‘Industrial Development’ zones.  This Amendment is anticipated to be brought before the Council for initiation early in 2018.

No change through this Amendment.

 

A mapping anomaly has occurred at the Old Broadwater Farm commercial site, where it was intended to be zoned for ‘Business’.  At some stage it has been incorrectly indicated as ‘Restricted Business’ on the Scheme map.  The zoning is proposed to be corrected to ‘Local/Neighbourhood Centre’ zone (as the new zone replacing ‘Business’ for areas outside of the Busselton and Dunsborough Centres) as originally intended (see resolution 1.2(c)).

 

Given the ‘Special Purpose’ zone is proposed to be replaced with the ‘Special Use’ zone, consistent with the Model Provisions, the labels on the Scheme map should be replaced by a reference number.  This reference number refers to the Special Use designation within a newly created Schedule (see resolution 1.4).  Clause 4.9 ‘Special Purpose Zone’ is also proposed to be updated (see resolution 1.3).

 

Due to renaming of the ‘Agriculture’ zone to ‘Rural’, the Scheme has been examined for instances where ‘rural’ is used as a general term within substantive clauses (note that reference within a clause title does not impact on the interpretation of a clause).  Three instances have been found and are recommended to be modified.  Details provided below (see resolution 1.5):

Clause

Detail

Recommendation

Cl. 5.16.1(b) ‘Corner Shop’

in the case of a rural area or land in a rural zone…”

Only a discretionary use in the Rural, Viticulture and Tourism and Rural Residential zones.

Replace the words “in the case of a rural area or land in a rural zone” with “in the case of land in the Rural, Viticulture and Tourism and Rural Residential zones”

Cl. 5.29 ‘Development of Dams in Rural Areas’

Title and clause “In rural zones…”

Remove the words “in rural areas” from within the title and “In Rural zones” from within the clause. Cl 9.2 identifies where development approval required.

Cl. 5.31 ‘Ancillary Accommodation in Rural Areas’

“Where ancillary accommodation is approved in a rural zone…”

Clause does not refer to specific zones

Title doesn’t impact on interpretation of clause.

Replace the words “a rural zone” with “the Rural, Viticulture and Tourism, Rural Residential, Rural Landscape, Conservation or Bushland Protection zone”

 

2.       Objectives of the Zones

 

Whilst reviewing the zone names it is also prudent to review and update the objectives of the zones. These objectives have largely been in place since the introduction of District Town Planning Scheme No. 20, gazetted in September 1999.  To give the Scheme currency, the ‘Policies’ of the zones have been dropped and only ‘Objectives’ of the zones have been retained, while being updated, consistent with the Model Provisions.  Where necessary, consideration has been given to where it may be necessary to retain redundant policies or objectives as provisions within the Scheme.  Officers at the Department of Planning, Lands and Heritage have advised the City to keep the zone objectives broad.  The zone objectives recommended for adoption by the Council are largely a combination of the ‘old’ zone objectives and policies and those provided for within the Model Provisions.

 

The recommended zone objectives are provided below and at resolution 2.1:

 

Zone name

Objectives

Residential

a.    To provide for a range of housing and a choice of residential densities to meet the needs of the community.

b.    To facilitate and encourage high quality design, built form and streetscapes throughout residential areas.

c.     To provide for a range of non-residential uses, which are compatible with and complementary to residential development.

City/Town Centre

a.    To provide a genuine centre of community life, socially, culturally and economically.

b.    To provide a basis for future detailed planning in accordance with the structure planning provisions of this Scheme or the Activity Centres State Planning Policy.

c.     To ensure that development provides for activation of the street and public spaces, high quality design and a variety of land uses.

d.    To provide for medium to high density residential development.

Local/Neighbourhood Centre

a.    To provide for development at a scale sufficient to serve the Centre’s catchment, but not detract from the commercial primacy of the City/Town Centre zone.

b.    Providing for limited expansion of existing smaller centres to ensure access to services at a local level and building neighbourhood identity.

c.     To provide a basis for future detailed planning in accordance with the structure planning provisions of this Scheme or the Activity Centres State Planning Policy.

d.    To ensure that development provides for activation of the street and public spaces, high quality design and a variety of land uses.


 

Service Commercial

a.    To accommodate commercial activities which, because of the nature of the business, require good vehicular access and/or large sites.

b.    To provide for a range of wholesale sales, showrooms, trade and services which, by reason of their scale, character, operational or land requirements, are not generally appropriate in, or cannot conveniently or economically be accommodated in the Centre zones. 

c.     To provide for development which will not result in a detrimental impact on surrounding commercial centres and has regard to the strategic importance and need to maintain the commercial primacy of the City/Town Centre zone.

d.    To restrict development which is likely to contribute to ribbon development, the spread of centres, or otherwise detrimentally impact the efficiency of main or arterial roads.

Tourism

a.    To promote and provide for tourism opportunities.

b.    To provide for a variety of holiday accommodation styles and associated uses, including retail and service facilities where those facilities are provided in support of the tourist accommodation and are of an appropriate scale where they will not impact detrimentally on the surrounding or wider area, or on the commercial primacy of the City/Town Centre zone.

c.     To allow limited residential uses where appropriate.

d.    To encourage the location of tourist facilities so that they may benefit from existing road services, physical service infrastructure, other tourist attractions, natural features and urban facilities.

Light Industry

a.    To provide for a range of industrial and service commercial uses generally compatible with urban areas, that generally cannot be located in other zones, whilst maintaining the commercial primacy of the City/Town Centre zone.

b.    To ensure that where any development adjoins zoned or developed residential properties, the development is suitably set back, screened or otherwise treated so as not to detract from the residential amenity.

General Industry

a.    To provide for a broad range of industrial, service and storage activities which, by the nature of their operations, should be isolated from residential and other sensitive land uses.

b.    To accommodate industry that would not otherwise comply with the performance standards of light industry.

c.     Seek to manage impacts such as noise, dust and odour within the zone.


 

Rural

a.    To provide for the maintenance or enhancement of specific local rural character.

b.    To protect broad acre agricultural activities such as cropping and grazing and intensive uses such as viticulture and horticulture as primary uses, with other rural pursuits and rural industries as secondary uses in circumstances where they demonstrate compatibility with the primary use.

c.     To maintain and enhance the environmental qualities of the landscape, vegetation, soils and waterways.

d.    To provide for the operation and development of existing, future and potential rural land uses by limiting the introduction of sensitive land uses.

e.    To provide for a range of non-rural land uses where they have demonstrated benefit and are compatible with surrounding rural uses.

f.     To provide for development and expansion of the viticultural, winemaking and associated tourism activities and other industries related to agricultural activities, in addition to general rural pursuits, in a manner that does not cause adverse environmental impact.

g.    To provide for the extraction of basic raw materials, where appropriate.

Viticulture and Tourism

a.     To provide for the maintenance or enhancement of specific local rural character.

b.     To provide for development and expansion of the viticultural, winemaking and associated industries, in addition to general rural pursuits, in a manner that does not cause adverse environmental impact.

c.     To facilitate the development of tourist facilities of a scale and nature appropriate in rural settings without prejudice to the scenic quality of land within this zone and without creating or increasing ribbon development on any road.

d.     To provide for the operation and development of existing, future and potential rural land uses by limiting the introduction of sensitive land uses.

e.     To provide for a range of non-rural land uses where they have demonstrated benefit and are compatible with surrounding rural uses.

f.      To maintain and enhance the environmental qualities of the landscape, vegetation, soils and waterways.

Rural Residential

a.    To provide for lots primarily for residential purposes generally in the range of 1 ha to 4 ha.

b.    To provide opportunities for a range of limited rural and related ancillary pursuits on rural-residential lots where those activities will be consistent with the amenity of the locality and the conservation and landscape attributes of the land.

c.     To set aside areas for the retention of vegetation and landform or other features which distinguish the land.

Rural Landscape

a.    To facilitate limited closer rural settlement on land which is recognised as being of high landscape or scenic value, but generally unsuitable for agriculture or farming use, in order to protect and enhance those values.

b.    To ensure that development maintains the character of the locality, maintains a high level of residential amenity, has consideration for conservation values and minimises disturbance to the landscape.

Conservation

a.    To restrict the type and scale of development which will be considered on lands possessing special aesthetic, ecological or conservation values to those compatible with such environments.

b.    To provide for the preservation, maintenance, restoration or sustainable use of the natural environment.

Bushland Protection

a.    To restrict the land uses and type and scale of development that will be considered on lands possessing special biodiversity values to those that will not adversely affect those values, and to provide opportunity for the creation of a subdivision incentive for the protection of those values in perpetuity.

b.    To prohibit clearing, grazing or damage to remnant vegetation on the land unless required for bushfire hazard risk mitigation identified on an adopted fire management plan, approved dwellings or any incidental development within building envelopes, or to allow for vehicular access to such buildings.

c.     To prohibit the clearing, draining, filling or grazing of wetlands on the land.

Special Use

a.    To facilitate special land use controls, which do not sit comfortably within any other zone.

b.    To enable the Council to impose specific conditions associated with the special use.

Vasse Development Zone and Deferred Vasse Development Zone

As mentioned above, these zones will be reviewed through Amendment 28 (Omnibus 3), along with the recommended introduction of the ‘Urban Development’ and ‘Industrial Development’ zones.  This Amendment is anticipated to be brought before the Council for initiation early in 2018.  At this time, there are no recommended changes to the Vasse Development and Deferred Vasse Development Zones, although they will need to continue to be identified within clause 4.2 until that time, therefore they will appear in the resolution unchanged.

 

As mentioned above, some objectives and policies of the zones are proposed to be retained within the provisions of the Scheme, these predominantly relate to subdivision requirements within the Agriculture (now Rural), Rural Landscape, Conservation and Bushland Protection zones and protection of environmental values in the Conservation and Bushland Protection zones.  The intent of the modifications in this instance is to remain ‘policy neutral’. 

 

To achieve this, modifications to the following clauses are proposed (see resolutions 2.2 to 2.5):

 

·   Clause 5.34 – Subdivision of lots with more than one dwelling in the Agriculture and Viticulture and Tourism Zone (to be retitled to ‘Subdivision of lots in the Rural and Viticulture and Tourism zones’);

·   Clause 5.36 – Vegetation surveys in the Conservation and Bushland Protection zones (to be retitled to ‘Special provisions relating to the Conservation zone’ and the relevant clause will be repeated within clause 5.39, below);

·   Clause 5.38 – Special provisions relating to the Rural Landscape zone; and

·   Clause 5.39 – Special provisions relating to the Bushland Protection zone.

 

The addition of two new clauses is proposed in relation to the following:

 

·   A new clause 5.20 (and renumbering subsequent clauses) to incorporate policy (f) of the current Business zone, which encourages consolidation of land for integrated development or redevelopment and discourages fragmentation of land (see resolution 2.6) –

 

The consolidation of land to assemble larger land parcels suitable for integrated development or redevelopment in the City/Town Centre and Local/Neighbourhood Centre zones is encouraged and supported.  Fragmentation of land within these zones, unless it is part of an overall plan for integrated development or redevelopment, will generally not be supported.”

 

·   A new clause 5.41 (which would become clause 5.42 due to the proposed new clause 5.20 above, but this report will refer to clauses with reference to their current clause number for clarity) to incorporate objectives and policies from the Restricted Business, Agriculture, Viticulture and Tourism and Rural Residential zones that related to the discouragement of ribbon development along major roads and tourist routes (see resolution 2.7) –

 

“Development which is likely to contribute to ribbon development, the spread of town centres, or otherwise detrimentally impact the efficiency of or the rural and natural ambience of main or arterial roads will not be supported by the local government.”

 

3.       Terms Referred to in Scheme

 

An extensive review of the terms used within the Scheme and their definitions (Schedule 1 of the Scheme) has been undertaken, with a view to aligning – where appropriate – those with the Model Provisions. 

 

As part of this review, the City is seeking to divide Schedule 1 of the Scheme into two parts, being Division 1 “General Definitions used in Scheme” and Division 2 “Land use terms used”.  This will assist in the interpretation of the Scheme by identifying terms that are dealt with as ‘land uses’ or ‘general terms’.  Terms that have been included in Division 2 for land uses are those that appear within the Zoning table, with the exception of ‘Home Office’ that appears only in clause 9.2 (‘Permitted Development’) and ‘Caretaker’s Dwelling’ (previously known throughout the Scheme as variations of Caretaker’s Residence and Manager’s Residence), which is proposed to be incorporated into the Zoning Table through the amendment.  All other terms are included within Division 1, as ‘general terms’.

 


 

The review of the terms used in the Scheme and their associated definitions has resulted in a number of proposed modifications to the Scheme as follows:

 

General Terms (Division 1)

 

*          Modify the following definitions:

Incidental Development

Jetty and Mooring Envelope (to become “Mooring Envelope”)

Major Road Frontage (to become “Frontage”)

 

*          Remove the following obsolete or out-dated definitions:

The Act

Advertisement

Amusement Machine

Applicant

Building

Bulky Goods

Communal or Cluster Farming

Dry Industry

Dwelling

Generating Works

Manager’s Residence

Natural Ground Level

Owner

Place

Retirement Village

Stabilised Surface Level of a Lot

Waterway Frontage

 

Land Use Terms (Division 2)

 

*          Modify the following use class titles and/or their associated definitions and references within the Scheme:

Amusement Parlour

Caravan Park & Camping Grounds (to become “Caravan Park”)

Caretaker’s Residence (to become “Caretaker’s Dwelling”)

Child Care Centre (to become “Child Care Premises”)

Club (to become “Club Premises”)

Community Centre (to become “Community Purpose”)

Convenience Store

Display Home Centre

Educational Establishment

Extractive Industry (to become “Industry – Extractive”)

Home Occupation

Hospital

Industry

Light Industry (to become “Industry – Light”)

Liquid Fuel Depot (to become “Fuel Depot”)

Lunch Bar

Marina

Marine Filling Station

Mineral Resource Development (to become “Mining Operations”)

Motel

Motor Vehicle and Marine Sales Premises (to become “Motor Vehicle, Boat or Caravan Sales”)

Motor Vehicle Repair

Office

Plant Nursery (to become “Garden Centre”)

Private Recreation (to become “Recreation – Private”)

Professional Consulting Rooms (to become “Consulting Rooms”)

Restaurant (to become “Restaurant/Café”)

Restricted Premises

Shop

Tavern

Transport Depot

Warehouse (to become “Warehouse/Storage”)

 

*          Creating the following new use classes, associated definitions and permissiblities within the Zoning Table:

Car Park

Caretaker’s Dwelling

Cinema/Theatre

Funeral Parlour

Motor Vehicle Wash

Nightclub

Resource Recovery Centre

Small Bar

Telecommunications Infrastructure

Waste Disposal Facility

Waste Storage Facility

 

*          Remove the following use class definitions only (as they are defined in the Residential Design Codes WA (R-Codes), which forms part of the Scheme), but retaining permissibilities within the Zoning Table:

Grouped Dwelling

Multiple Dwelling

Residential Building

Single House

 

*          Remove the following obsolete or out-dated use classes, permissibilities within the Zoning Table, associated definitions and references within the Scheme:

Boarding House

Boatel

Bulk Store

Bus Station

Chandlery

Conservation Tourism

Display Home

Marine Facilities

Offensive or Hazardous Industry

Place of Assembly

Public Utility

Recreation Facility

Rural Worker’s Dwelling

Salvage Yard

Sawmill

Service Industry

Stock & Sale Yard

Timber Yard

 

*          Modify the permissibilities for the following existing uses:

Display Home Centre, change from ‘X’ to ‘D’ use in the Rural Residential zone, in response to the consolidation of Display Home and Display Home Centre;

Industry, change from P to D in the Light Industry and General Industry zone

Marina, change from ‘X’ to ‘D’ in the Light Industry and General Industry zone, as the definition also covers Chandlery, boat servicing/repair, storage & associated sale of boating gear;

Recreation – Private, change from ‘D’ to ‘A’ in Conservation zone, in response to the consolidation of ‘Private Recreation’ and ‘Recreation Facility’ into one use class;

Include Caretaker’s Dwelling within the Zoning Table as a ‘D’ use in the Tourism zone.

 

In relation to the above, note that:

·   ‘P’ is a permitted use provided the use complies with the relevant development standards;

·   ‘D’ means the use is permitted if the local government has exercised its discretion by granting planning approval; and

·   ‘A’ means the use is permitted if the local government has exercised its discretion by granting planning approval following public consultation.

 

The majority of the definitions have been brought into line with the Model Provisions after careful consideration.  Where the definitions vary from the Model Provisions, this has been justified and details have been provided at Attachment B.

 

Given the extent of the modifications to the Zoning Table due to the review of the zones and land use definitions, the entire Zoning Table is set out at resolution 3.2.  An additional ‘tracked changes’ version has been provided at Attachment C, to clearly identify the modifications.

 

A number of provisions associated with land uses require specific modification, these are described below. 

 

*          Clause 4.5.3(d) to correct the permissibility of Motor Vehicle and Marine Sales Premises (to become “Motor Vehicle, Boat or Caravan Sales”) in the Industrial (Light Industry) zone –

 

It is proposed to delete reference to this use from within subclause 4.5.3(d), which identifies Motor Vehicle and Marine Sales Premises as a use not permitted within a factory unit or industrial unit (see resolution 3.3).  It is thought that the intent of this clause was to not permit the use in these building types due to the small nature of the building and the definition referring to servicing of vehicles.  Whilst the new definition for Motor Vehicle, Boat or Caravan Sales would not disallow servicing of vehicles (as this would be ancillary to the main use, where appropriate), it does clarify the primary intent of the use is for sale or hire of motor vehicles, boats or caravans.  It is considered that market forces would more appropriately control the locations of these uses within the Light Industry zone, that is, a smaller scale business (such as a motorcycle hire or sale premises) that could reasonably fit within an industrial unit could be located there.

 

*          Delete subclauses 4.5.4(f) and (g) relating to a second dwelling and Rural Worker’s Dwelling in the Agriculture (to become ‘Rural’) and Viticulture and Tourism zones –

 

It is proposed provisions relating to a second dwelling and Rural Worker’s Dwelling within the ‘Agriculture’ and ‘Viticulture and Tourism’ zones be deleted (cl. 4.5.4 (f) and (g)) as these are considered inconsistent with SPP 2.5 (Rural Planning) and DC Policy 3.4 (Subdivision of Rural Land) (see resolution 3.4).  There are concerns that these provisions are being used inappropriately and allowing for pseudo-grouped dwelling style development in the rural zones. 

 

The objectives of SPP 2.5 are to protect rural land, particularly priority agricultural land, promote economic growth and regional development on rural land for rural land uses, avoid and minimise land use conflicts and to promote sustainable settlement in, and adjacent to, existing urban areas.

 

SPP 2.5 also advises (at cl. 6.3) that –

 

“When local planning schemes are prepared or reviewed, planning decision-makers shall:

(b)    in rural zones, limit the introduction of land uses that may constrain existing or potential future rural land uses;

 

And at cl. 6.5 (d) –

 

“the introduction of new dwelling entitlements or other sensitive land uses should not limit or prevent primary production from occurring.”

 

The above clauses are aimed at protecting the agricultural use of land from sensitive land uses (i.e. dwellings) that would otherwise require protection from impacts of agricultural practice, such as noise and spray drift.

 

DC 3.4 specifies areas in the State that are appropriate as ‘Homestead lots’, described as follows at clause 6.6:

 

“The creation of homestead lots is intended to allow primary producers to continue to occupy their dwelling when they cease to farm, and provide settlement opportunities in areas where land fragmentation is limited and unlikely to increase. Homestead lots are to be created in a manner that is consistent with the rural character and landscape of a locality. Homestead lots may be facilitated through boundary rationalisation or the creation of a new lot.

 

The Policy identifies where Homestead lots may be developed, effectively being the Wheatbelt.  The City of Busselton is not included within the Homestead lot policy area.

 

The above proposed changes will have no effect on applications for workforce accommodation, which can be assessed as a ‘Residential Building’ use and would be considered on their merits.

 

4.       City/Town Centre Zone provisions

 

The City is working towards formulating a framework to guide development within the Busselton and Dunsborough City/Town Centres, which will include an Activity Centre Plan for each.  However, recent development proposals and the testing of the City’s current statutory framework through the State Administrative Tribunal have identified areas requiring strengthening through the addition of provisions within the Scheme itself.

 

As a result, officers have reviewed the City’s Local Planning Policy 4C Busselton Town Centre Urban Design Provisions (LPP 4C), the Western Australian Planning Commission’s draft State Planning Policy No. 7: Design of the Built Environment and associated draft Apartment Design policy, to produce a number of provisions for proposed inclusion into Part 5 of the Scheme and directly relating to the ‘City/Town Centre’ zone.

 

These recommended provisions relate to:

·   Setbacks;

·   Articulation;

·   Cross-overs;

·   Openings;

·   Glazing;

·   Minimum ceiling heights; and

·   Signage.

 


 

Clause 5.20 (which would become clause 5.21 due to the proposed new clause 5.20 mentioned above, but this report will refer to clauses with reference to their current clause number for clarity) is proposed to be amended to include a number of design principles that development within the City/Town Centre zone is to demonstrate adherence to.  These relate to –

 

(a)    Context and character

(b)    Landscape quality

(c)     Built form and scale

(d)    Functionality and build quality

(e)     Sustainability

(f)     Amenity

(g)    Legibility

(h)    Safety

(i)      Community

(j)      Aesthetics

 

It is intended that the Activity Centre Plan will identify any building design areas that are to have specific design or architectural direction (such as landmark buildings) and an accompanying local planning policy would give additional detail on the design principles.  In absence of the guiding detail within the City’s framework, draft SPP 7 expands on the above principles.

 

Clause 5.20 is then proposed to include a number of specific provisions to be applied to development within the City/Town Centre zone, supported by existing City policy (LPP 4C), draft SPP7 (and associated guiding documents) and Liveable Neighbourhoods.

 

For example, and with specific reference to Liveable Neighbourhoods (LN), elements of ‘good design’ include –

 

“Centres are designed to facilitate and encourage walking, cycling and…not just car access.” (p1 of Element 7, LN 2009)

 

“Central to community design is…walkable neighbourhoods whose urban character and design fosters a sense of community, local identity and place. Neighbourhoods are clustered around main street-based mix-use centres…The urban structure must facilitate walking, cycling…The urban structure is further developed and refined through street networks that influence the built form by activating street and land use interaction with building frontages, access and windows facing street.” (p11, LN 2015)

 

“Off-street parking is to be sleeved behind buildings…totally or partially screened from the street, not be placed between the front of buildings and the street…” (p 69, LN 2015)

 

“In activity centres, off-street parking is located at the rear of buildings to minimise effect on the streets and designed and managed, as far as practical, as shared, intra-block car parks.” (p70 – Requirement 4.12, LN 2015)

 

“Buildings in centres need to address streets and public spaces through activated frontages (windows, doors and seating) to promote vitality and encourage natural street surveillance. Development with direct frontage onto streets provides activity, visual interest and exposure which assists commercial viability. They also help community interaction and enable streets to act as an integrating element in neighbourhoods and towns, rather than as a divider…Centres should seek to achieve a strong and unique sense of place and local identity, and this should be derived from the local natural and cultural context.” (p66, LN 2015)

 

The review has resulted in a number of proposed provisions recommended to be included into clause 5.20:

 

(a)       No residential uses shall be permitted at ground floor fronting Queen Street and Prince Street, Busselton and Dunn Bay Road and Naturaliste Terrace, Dunsborough;

 

(b)       A nil front setback is to be provided to the development, unless otherwise designated in an Activity Centre Plan, or the development is providing for an associated alfresco space within the setback;

 

(c)       Buildings shall be articulated to break up perceived bulk and provide visual interest, particularly with buildings occupying a large/long site frontage;

 

(d)       At the ground floor level, developments shall address the street with a primary business entrance and a shop front façade;

 

(e)       Ground floor commercial uses shall incorporate transparent glazing for 70% of all building frontages to adjacent streets;

 

(f)        Upper levels shall be designed to promote informal surveillance of the street through the use of balconies and/or large windows;

 

(g)       A minimum ceiling height of 3.3 metres shall be achieved for the ground floor level, whilst all other floors shall achieve a minimum ceiling height of 2.7 metres;

 

(h)       Roller doors or screens of solid material on shop fronts will not be permitted, security measures should be located and installed internally behind the glazing line;

 

(i)        Pedestrian shelter, through the provision of a verandah, awning or the like, shall be provided over the public footpath for the full width of the lot frontage;

 

(j)        No vehicle accessways or carparking shall be provided between the building and the street, or be visible from the street, unless required to provide access to car parking or loading areas behind buildings;

 

(k)       No vehicular access to sites shall be taken from Queen Street, Prince Street or Kent Street (between Queen Street and Brown Street), Busselton or Dunn Bay Road or Naturaliste Terrace, Dunsborough, unless no alternative is available, in which case a single crossover width shall be no greater than 5 metres with a cumulative maximum width of 7 metres;

 

(l)        Vehicle crossovers and driveways shall be co-located wherever possible with adjoining properties;

 

(m)     Vehicle access to developments shall be designed in a way which minimises potential pedestrian/vehicular conflict, clearly recognising the primacy of pedestrian amenity;

 

(n)       Multi-storey car parks shall incorporate interactive street frontages, such as shops or other uses that promote activity and where car parking levels (including undercroft levels) are visible from a street or public space, high quality architectural detailing shall be incorporated into the façade of all floors;

 

(o)       General plant, such as air-conditioning, television antennas, bins, hot water storage tanks, rain water tanks, satellite dishes and the like are to be adequately concealed and screened from the street or public view;

 

(p)       (The existing clause 5.20 relating to plot ratio is proposed to be moved to sub-clause (p).)

 

(q)       Signage and advertising shall not adversely detract from the architectural elements of the building, or visually dominate the building or the streetscape generally;”

 

The main variation from the existing LPP 4C is the distinction between a maximum ceiling height for ground floor developments provided for currently (being 4.5m floor-to-floor for the ground floor, 3.5m for the first floor and 3.0m for subsequent floors) and a minimum ceiling height requirement that is proposed (being 3.3m floor-to-ceiling for the ground floor and 2.7m for subsequent floors). 

 

Reference material generally focusses on providing for flexibility in design of mixed use developments, to allow future changes of use.  Commercial buildings, particularly restaurants and cafés, have increased service requirements and therefore will generally require greater ceiling heights to enable fitout.  Providing for ceiling heights from 2.7m in upper floors and/or residential spaces can have significant advantages with respect to future use. This adaptability broadens the development’s market appeal, and therefore its economic viability over the longer-term.

 

Drive-Through Facilities

 

Recent work on the Busselton City and Dunsborough Town Centre Conceptual Plans, and associated ongoing works, have focused on enhancing aspects of the pedestrian environment, such as ‘permeability’ and ‘walkability’, and also on reducing vehicular congestion by improving traffic flows and car parking.  As an adjunct to this, consideration has been given to the takeaway food industry and associated drive-through facilities, especially within the City/Town Centre zone.   

 

Existing use classes that could incorporate a drive-through component might typically include ‘Takeaway Food Outlet’ (including fast food and/or coffee outlets), ‘Shop’ (liquor store), ‘Hotel’ and ‘Tavern’.  It is noted that commercial enterprises in some places are increasingly employing drive-through facilities for banks and pharmacies, whilst the transient ability to

shop at a department store or receive ‘flu-shots’ via a drive-through facility is purportedly also becoming increasingly popular.

 

However, there are a number of potentially undesirable impacts from the provision of drive-through facilities, especially in town or city centres such as Dunsborough and Busselton including: queued traffic interfering with on-site and off-site vehicular and pedestrian flow, lighting and ambient noise from idling cars and voice amplification equipment, a lack of civic and retail amenity, and reduced ‘main street’ activation, community interaction and vibrancy.  There are also potentially detrimental commercial flow-on effects, in that businesses which do not offer ‘drive-through convenience’ may suffer from a lack of patronage and resultant viability.  It is considered, therefore, that drive-through facilities should not be encouraged in the central shopping, commercial and pedestrian areas, which are those areas normally corresponding to the proposed City/Town Centre zone. 

 


 

A modification to the Scheme is proposed to remove the ability for drive-through facilities to seek to operate in areas of the City/Town Centre zone, in order to stimulate and promote active pedestrian environments within the Busselton City and Dunsborough Town Centres.  This is consistent with the Strategic Objectives 2.1 and 2.3 of the Strategic Community Plan 2017, to “foster the development of healthy neighbourhoods that meet our needs as we grow” and for “creative urban design that produces vibrant, mixed-use town centres and public spaces”

 

This Scheme modification would involve:

 

·    The creation of a ‘Drive-through Facility Exclusion Area’ Special Control Area within Part 6 of the Scheme (see resolution 4.3 and 4.4);

·    The provision of a new subclause within clause 5.5 “Variations to site and development standards and requirements” to expressly prohibit new ‘drive-through facilities’ operating within the Exclusion Area (see resolution 4.2);

·    Inserting a new definition for “Drive-through facility” into Schedule 1, Division 1 of LPS21: “Interpretations” (see resolution 4.5); and

·    Identifying on the Scheme map the proposed Drive-through Exclusion Area (see Attachments D and E).

 

The proposed definition is as follows –

 

‘Drive-through facility’ means a facility or development involving vehicles entering a site, such as shop, takeaway food outlet or development with fuel bowsers, whereby a product or service is sold or provided direct to customers or patrons driving or seated in a motor vehicle and also includes the provision of fuel to motor vehicles or a Motor Vehicle Wash.”

 

The appropriate location of a drive-through facility could be considered as part of a planning application that may be received for a relevant use, outside the ‘Drive-through Exclusion Area’.  Within the Busselton City Centre, this area has generally been identified as lots fronting Albert Street and Peel Terrace, excluding the land at the intersection of Albert Street and Queen Street, which are considered to be the entry into the Busselton City Centre.  Within the Dunsborough Town Centre, two parcels have been identified as appropriate for a drive-through facility, being a portion of the lot at the corner of Caves Road and Cape Naturaliste Road (the site currently occupied by Chicken Treat) and a portion of the lot fronting Cape Naturaliste Road between the river and Dunn Bay Road (currently a vacant site).  These parcels are only proposed to be included in part, as the Dunn Bay Road corner sites are considered critical to the long term main street design intended for the Dunsborough Town Centre.  A drive-through facility is considered to be inappropriate fronting Dunn Bay Road and would detract from the pedestrian amenity that the City has been trying to foster over the last couple of years through conceptual planning and on-the-ground works.

 

The above proposal does not impact on the continued use of existing drive-through facilities that are located within the exclusion area, as they would be treated as a non-conforming use under the relevant clauses of the Scheme, which provides for continued use and changes to non-conforming uses.

 

5.       Additional Clauses to align to Model Provisions

 

Clause 4.4 ‘Interpretation of the Zoning Table’ is to be modified to be consistent with clauses 18 (3) and (4) of the Model Provisions to resolve any ambiguity in the interpretation of the clause.  Clause 4.4 currently reads:

 

“4.4    INTERPRETATION OF THE ZONING TABLE

 

4.4.1.  Where a specific use is mentioned in the Zoning Table, it is deemed to be excluded from the general terms used to describe any other use.

 

4.4.2.  If a person proposes to carry out on land any use that is not specifically mentioned in the Zoning Table and cannot reasonably be determined as falling within the type, class or genus of activity of any other use category the local government may –

 

(a)    determine that the use is consistent with the objectives and policies of the particular zone and is therefore permitted; or

 

(b)    determine that the use may be consistent with the objectives and policies of the particular zone and thereafter follow the advertising procedures of clause 10.4 in considering an application for planning approval; or

 

(c)    determine that the use is not consistent with the objectives and policies of the particular zone and is therefore not permitted.”

 

The key changes to clause 4.4 relate to the removal of the words “and policies” to coincide with the review of the Objectives (and removal of Policies) of the zones and in the wording of clause 4.4.2(a), with the addition of the words “subject to conditions imposed by the local government”.  The proposed wording of Clause 4.4 is consistent with the Model Provisions (see resolution 5.1).

 

Clause 5.5 ‘Variations to site and development standards and requirements’ is also proposed to be modified to be consistent with clause 34 of the Model Provisions for similar reasons.

 

Clause 5.5 currently reads:

 

“5.5    VARIATIONS TO SITE & DEVELOPMENT STANDARDS AND REQUIREMENTS

 

5.5.1   Except for development in respect of which the R-Codes apply, if a development is the subject of an application for planning approval and does not comply with a standard or requirement prescribed under the Scheme (including a policy or plan adopted pursuant to the Scheme), the local government may, despite the non-compliance, approve the application unconditionally or subject to such conditions as the local government thinks fit.

 

5.5.2   Notwithstanding clause 5.5.1 above, the following development is expressly prohibited:

 

(a)    Advertisements that advertise goods and services which are not produced, displayed or offered for sale, or which is otherwise not relevant to, the land upon which the advertisement is located, as specified by clause 5.40.

 

5.5.3   In considering an application for planning approval under this clause, where, in the opinion of the local government, the variation is likely to affect any owners or occupiers in the general locality or adjoining the site which is the subject of consideration for the variation, the local government is to –

 

(a)    consult the affected parties by following one or more of the provisions for advertising uses under clause 10.4; and

 

(b)    have regard to any expressed views prior to making its determination to grant the variation.

 

5.5.4   The power conferred by this clause may only be exercised if the local government is satisfied that –

 

(a)    approval of the proposed development would be appropriate having regard to the matters to be considered set out in clause 11.2;

 

(b)    approval of the proposed development would be consistent with the orderly and proper planning of the locality and the preservation of the amenities of the locality; and

 

(c)    the non-compliance will not have an adverse effect upon the occupiers or users of the development, the inhabitants of the locality or the likely future development of the locality.”

 

Where:

·   Cl 5.5.1 is a combination of 34(2) and (3) of the Model Provisions,

·   Cl 5.5.3 is consistent with 34(4) of the Model Provisions, and

·   Cl 5.5.4 is consistent with 34(5) of the Model Provisions.

 

Clause 5.5 is proposed to be amended to reflect the Model Provisions, with the exception of retaining the words “Except for development to which R-Codes apply…” and retaining clause 5.5.2 (to be renumbered to 5.5.3 as a result of the conversion).  Clause 34(1) is not proposed to be incorporated into cl. 5.5 as it refers to clauses that are not relevant to the Scheme (see resolution 5.2).

 

6.       Review of Rural Residential areas

 

Vasse/Dunbarton Rural Residential

 

The draft Local Planning Strategy includes the direction to “support and pro-actively plan to identify suitable areas for re-subdivision/consolidation of existing rural-residential development in both the Commonage and Dunbarton rural residential areas.”  As a consequence the City is considering moving towards a low density Residential zone within the Dunbarton/Vasse Rural Residential area.

 

City officers have met with DPLH officers to discuss the future for the Vasse/Dunbarton Rural Residential area with officers from both authorities moving toward support of low density Residential in the area.  Critical to this process is ensuring that subdivision does not happen in an ad hoc manner in the interim and that orderly and proper planning processes are maintained.  Consideration is to be given to road network, public open space, bushfire and urban water management (drainage and wastewater systems), etc.

 

Officers are considering supporting a Special Provision over the Vasse/Dunbarton Rural Residential area that could pave the way for future consolidation to Residential (see Attachment F).  This would be facilitated through development of an Overall Structure Plan (OSP), providing an indicative layout, which would identify density, strategic road links and POS areas et al. 


The OSP would also identify precincts that would preferably be subdivided collaboratively, to ensure that a legible and integrated road network is formed, rather than a multitude of undesirable cul-de-sacs.  Further detailed Structure Planning would then be required for specific properties, or precincts, within the OSP area prior to consideration of subdivision approval.

 

The OSP may consider future density through the following guidelines:

 

·   A Rural Residential ‘buffer’ to the Bypass to the north and Rendezvous Road to the south, consisting of 1 hectare minimum lots *see further comment below in relation to Lots 242-249;

·   Low density Residential provided through the ‘core’ developable area, with a variety of lots ranging from 2,000 m2 to below 1 ha; and

·   Lots will be limited to 1 ha in size in sewerage sensitive areas.

 

*In terms of future lots backing onto the Bypass within Lots 242-249 Kookaburra Way, areas less than the 1 ha minimum may be considered, but only where noise from the Bypass can be mitigated.  This might also be treated as a ‘transition area’ from Lot 2 Kookaburra Way (which has a current Structure Plan identifying lot sizes to a minimum of 2,000m2) to the larger lots to the west.  Over the remainder of the sites, 2,000m2 would be the absolute minimum lot size that would be likely to be supported.

 

Landowners in the area would need to await the outcome of the OSP process to ensure a better design outcome for all current and future subdivision intentions, and to take advantage of the low density Residential zoning and detailed planning of services and other matters mentioned above.

 

The officer recommendation can be found at resolution 6.1.

 

Rezoning of a limited number of Rural Residential areas to low density Residential

 

Two areas are proposed to be rezoned from Rural Residential to Residential R2.5 and/or R2:

 

·    Portion of Carnarvon Castle Drive, Eagle Bay, proposed to be rezoned to Residential R2.5 as shown at Attachment G – this area contains lots ranging from 2,500m2 to 5,000m2 and creates a transition between the R5 coded lots to the east, to the Rural Residential zoned lots to the west (see resolution 6.2(a)); and

 

·    Subdivisions around Sloan Drive/Okapa Rise, identified within Attachment H – lots within this area range from 4,000m2 to 7,800m2 for the area affected by A57 and 4,000m2 to below 1ha for the area affected by A15; the Additional Uses specify the land to be and to be subdivided and developed in accordance with an approved Structure Plan and the Residential R2.5 code, lots greater than 8,000m2 are proposed to be rezoned to Residential R2, with the remainder to R2.5 (see resolution 6.3(b) to (e)).

 

The proposed rezoning would not provide opportunities for subdivision over the affected lots as the minimum lot size required in the R2.5 code is 4,000m2 and R2 is 5,000m2.  However, this amendment will assist in difficulties faced by landowners in complying with the setbacks of the Rural Residential zone.  The current situation requires landowners to submit an application for planning approval to vary the Rural Residential setbacks (20m to the front and rear boundaries and 15m to side boundaries).  It is intended the setbacks applicable to the R2.5 Code (15m to the front and 7.5m to side and rear boundaries) will ease this somewhat, notwithstanding any specific requirements under the relevant structure plan.

 

CONCLUSION

 

The purpose of this Omnibus Amendment is to generally align sections of the Local Planning Scheme No. 21 (the Scheme) to the Model Provisions, contained within Schedule 1 of the Planning and Development Act 2005.  The information contained within this report confirms that the amendments proposed are an appropriate outcome consistent with the orderly and proper planning of the City of Busselton and as such, it is recommended that the draft amendment be initiated for public consultation.

 

OPTIONS

 

Should the Council not support the Officer Recommendation, the Council could consider the following options –

 

1.    Resolve to decline the request to initiate the proposed amendment in its entirety and provide a reason for such a decision.

 

2.    Resolve to initiate the proposed amendment subject to modification(s).

 

TIMELINE FOR IMPLEMENTATION OF OFFICER RECOMMENDATION

 

The implementation of the Officer Recommendation will involve the provision of the amendment documentation to the Environmental Protection Authority and this will occur within one month of the resolution.

 

 

OFFICER RECOMMENDATION

 

That the Council –

 

A.        In pursuance of the Planning and Development (Local Planning Schemes) Regulations 2015, initiates Amendment 29 to the City of Busselton Local Planning Scheme 21 for community consultation, for the purposes of:

 

1.       Alignment of Zones

 

1.1       Amending the Scheme by retitling the zone names as follows and, unless specifically mentioned within this resolution, subsequent references throughout the Scheme:

 

(a)       The “Business” zone to “City/Town Centre” zone and “Local/Neighbourhood Centre” zone;

 

(b)      The “Restricted Business” zone to “Service Commercial” zone;

 

(c)       The “Tourist” zone to “Tourism” zone;

 

(d)      The “Industrial” zone to “Light Industry” zone and “General Industry” zone;

 

(e)      The “Agriculture” zone to “Rural” zone;

 

(f)       The “Special Purpose” zone to “Special Use” zone;

 

1.2       Amending the Scheme Maps by:

 

(a)       Rezoning all land within the Busselton City Centre to “City/Town Centre” zone as depicted on the Scheme Amendment map, being:

 

(i)     All land currently zoned “Business” and bound by Marine Terrace, Brown Street, Peel Terrace and West Street;

 

(ii)    The portion of Lot 73 Peel Terrace, Busselton currently zoned Business;

 

(iii)   Lots 74 and 75 Peel Terrace, Lot 1 (No. 69) Adelaide Street, and Lot 2 (No. 9) Brown Street, Busselton;

 

(b)      Rezoning all land within the Dunsborough Town Centre to “City/Town Centre” zone as depicted on the Scheme Amendment map, being all land currently zoned “Business” and bound by Cape Naturaliste Road, Reserve 42545, Reserve 35758, Reserve 26513, Chieftain Crescent and Caves Road;

 

(c)       Rezoning Lot 1001 Switchback Parade, West Busselton from “Restricted Business” to “Local/Neighbourhood Centre” as depicted on the Scheme Amendment map;

 

(d)      Other than Lot 1001 Switchback Parade, West Busselton, identifying all land currently within the “Restricted Business” zone as being within the “Service Commercial” zone;

 

(e)      Identifying all land currently within the “Tourist” zone as being within the “Tourism” zone;

 

(f)       Identifying all land currently within the “Industrial” zone as being within the “Light Industry” zone;

 

(g)       Identifying all land currently within the “Agriculture” zone as being within the “Rural” zone;

 

(h)      Rezoning Lot 1 (No. 16) Hobson Street, Geographe and Lot 441 (No. 29A) Avocet Boulevard, Geographe from “Special Purpose” zone to “Public Purpose - Water” Reserve;

 

(i)        Other than Lot 1 (No. 16) Hobson Street, Geographe and Lot 441 (No. 29A) Avocet Boulevard, Geographe, identifying all land currently within the “Special Purpose” zone as being within the “Special Use” zone, with the following labels:

 

All land within the “Special Purpose” Zone and labelled with the acronym

being identified with the label

“APH”

“1”

“BDA”

“2”

“BF”

“3”

“BRA”

“4”

“CPK” or “C/CPK”

“5”

“CC”

“6”

“CECH”

“7”

“COM”

“8”

“CS”

“9”

“EE” or “PS”

“10”

“H”

“11”

“HA”

“12”

“HL”

“13”

“HP”

“14”

“RP” or “BP”

“15”

“SST”

“16”

“SSTPN”

“17”

“TE”

“18”

“WD”

“19”

“WFS”

“20”

‘no label’

“21”

“AADA”

“22”

“ANDA”

“23”

“DLDA”

“24”

“HLDA”

“25”

“OBFDA”

“26”

“YD”

“27”

“YDD”

“28”

“YID”

“29”

 

1.3       Amending clause 4.9 (Special Purpose Zone) to read as follows:

 

“4.9    SPECIAL USE ZONES

 

4.9.1      Schedule 5 sets out:

 

(a)   special use zones for specified land that are in addition to the zones in the zoning table; and

 

(b)   the classes of special uses that are permissible in that zone; and

 

(c)    the conditions that apply in respect of the special uses.

 

4.9.2      A person must not use any land, or any structure or buildings on land, in a special use zone except for the class of use that is permissible in that zone and subject to the conditions that apply to that use.”

 

1.4       Introducing a new Schedule 5 as provided below, and renumber the remaining Schedules and Schedule references accordingly:

 

SCHEDULE 5 – SPECIAL USES

[cl. 4.9]

No.

Description of land

Special Use

Conditions

1.

As identified on the Scheme map

Aged Person Housing

Nil.

2.

As identified on the Scheme map

Broadwater Development Area

Development must be in accordance with the requirements of the Broadwater Development Area and Special Provision 57.

3.

As identified on the Scheme map

Busselton Foreshore

Development must be in accordance with Special Provision No. 44.

4.

As identified on the Scheme map

Busselton Regional Airport

Nil.

5.

As identified on the Scheme map

Caravan Park

Nil.

6.

As identified on the Scheme map

Child Care

Nil.

7.

As identified on the Scheme map

Church Site, Educational Establishment, Child Care and Hall

Nil.

8.

As identified on the Scheme map

Community Purposes

Nil.

9.

As identified on the Scheme map

Church Site

Nil.

10.

As identified on the Scheme map

Educational Establishment

Nil.

11.

As identified on the Scheme map

Hotel

Nil.

12.

As identified on the Scheme map

Hall

Nil.

13.

As identified on the Scheme map

Hostel

Nil.

14.

As identified on the Scheme map

Historical Precinct

Nil.

15.

As identified on the Scheme map

Road Purposes

Nil.

16.

As identified on the Scheme map

Service Station

Nil.

17.

As identified on the Scheme map

Service Station/Plant Nursery

Nil.

18.

As identified on the Scheme map

Telephone Exchange

Nil.

19.

As identified on the Scheme map

Waste Disposal

Nil.

20.

As identified on the Scheme map

Waterfowl Study

Nil.

21.

As identified on the Scheme map

Blank

Nil.

22.

As identified on the Scheme map

Ambergate Automotive Development Area

Development must be in accordance with Special Provisions 47 and 48.

23.

As identified on the Scheme map

Ambergate North Development Area

Development must be in accordance with Special Provision 39.

24.

As identified on the Scheme map

Dunsborough Lakes Development Area

Development must be in accordance with Special Provision 42.

25.

As identified on the Scheme map

Heron Lake Development Area

Development must be in accordance with Special Provision 55.

26.

As identified on the Scheme map

Old Broadwater Farm Development Area

Development must be in accordance with Special Provision 43.

27.

As identified on the Scheme map

Yalyalup Development

Development must be in accordance with Special Provision 23.

28.

As identified on the Scheme map

Yalyalup Deferred Development

Development must be in accordance with Special Provision 23.

29.

As identified on the Scheme map

Yalyalup Industrial Development

Development must be in accordance with Special Provision 36.

 

 

 

 

1.5       Amending Part 5 (General Development Requirements) of the Scheme by:

 

(a)       Amending subclause 5.16.1(b) (Corner Shop) by replacing the words “in the case of a rural area or land in a rural zone” with “in the case of land in the Rural, Viticulture and Tourism and Rural Residential zones”;

 

(b)      Amending clause 5.29 (Development of dams in rural areas) by removing the words “in rural areas” from within the title and “In rural zones” from within the clause;

 

(c)       Amending clause 5.31 (Ancillary Accommodation in rural areas) by replacing the words “a rural zone” with “the Rural, Viticulture and Tourism, Rural Residential, Rural Landscape, Conservation or Bushland Protection zone”.

 

2.       Objectives of the Zones

 

2.1       Amending clause 4.2 (Objectives and Policies of the Zones) to read as follows:

 

“4.2    ZONE OBJECTIVES

 

            The objectives of each zone are as follows –

 

Zone name

Objectives

Residential

a.   To provide for a range of housing and a choice of residential densities to meet the needs of the community.

b.   To facilitate and encourage high quality design, built form and streetscapes throughout residential areas.

c.    To provide for a range of non-residential uses, which are compatible with and complementary to residential development.

City/Town Centre

a.   To provide a genuine centre of community life, socially, culturally and economically.

b.   To provide a basis for future detailed planning in accordance with the structure planning provisions of this Scheme or the Activity Centres State Planning Policy.

c.    To ensure that development provides for activation of the street and public spaces, high quality design and a variety of land uses.

d.   To provide for medium to high density residential development.

Local/Neighbourhood Centre

a.   To provide for development at a scale sufficient to serve the Centre’s catchment, but not detract from the commercial primacy of the City/Town Centre zone.

b.   Providing for limited expansion of existing smaller centres to ensure access to services at a local level and building neighbourhood identity.

c.    To provide a basis for future detailed planning in accordance with the structure planning provisions of this Scheme or the Activity Centres State Planning Policy.

d.   To ensure that development provides for activation of the street and public spaces, high quality design and a variety of land uses.

Service Commercial

a.   To accommodate commercial activities which, because of the nature of the business, require good vehicular access and/or large sites.

b.   To provide for a range of wholesale sales, showrooms, trade and services which, by reason of their scale, character, operational or land requirements, are not generally appropriate in, or cannot conveniently or economically be accommodated in the Centre zones. 

c.    To provide for development which will not result in a detrimental impact on surrounding commercial centres and has regard to the strategic importance and need to maintain the commercial primacy of the City/Town Centre zone.

d.   To restrict development which is likely to contribute to ribbon development, the spread of centres, or otherwise detrimentally impact the efficiency of main or arterial roads.

Tourism

a.   To promote and provide for tourism opportunities.

b.   To provide for a variety of holiday accommodation styles and associated uses, including retail and service facilities where those facilities are provided in support of the tourist accommodation and are of an appropriate scale where they will not impact detrimentally on the surrounding or wider area, or on the commercial primacy of the City/Town Centre zone.

c.    To allow limited residential uses where appropriate.

d.   To encourage the location of tourist facilities so that they may benefit from existing road services, physical service infrastructure, other tourist attractions, natural features and urban facilities.

Light Industry

a.   To provide for a range of industrial and service commercial uses generally compatible with urban areas, that generally cannot be located in other zones, whilst maintaining the commercial primacy of the City/Town Centre zone.

b.   To ensure that where any development adjoins zoned or developed residential properties, the development is suitably set back, screened or otherwise treated so as not to detract from the residential amenity.

General Industry

a.   To provide for a broad range of industrial, service and storage activities which, by the nature of their operations, should be isolated from residential and other sensitive land uses.

b.   To accommodate industry that would not otherwise comply with the performance standards of light industry.

c.    Seek to manage impacts such as noise, dust and odour within the zone.

Rural

a.   To provide for the maintenance or enhancement of specific local rural character.

b.   To protect broad acre agricultural activities such as cropping and grazing and intensive uses such as viticulture and horticulture as primary uses, with other rural pursuits and rural industries as secondary uses in circumstances where they demonstrate compatibility with the primary use.

c.    To maintain and enhance the environmental qualities of the landscape, vegetation, soils and waterways.

d.   To provide for the operation and development of existing, future and potential rural land uses by limiting the introduction of sensitive land uses.

e.    To provide for a range of non-rural land uses where they have demonstrated benefit and are compatible with surrounding rural uses.

f.    To provide for development and expansion of the viticultural, winemaking and associated tourism activities and other industries related to agricultural activities, in addition to general rural pursuits, in a manner that does not cause adverse environmental impact.

g.   To provide for the extraction of basic raw materials, where appropriate.

Viticulture and Tourism

a.   To provide for the maintenance or enhancement of specific local rural character.

b.   To provide for development and expansion of the viticultural, winemaking and associated industries, in addition to general rural pursuits, in a manner that does not cause adverse environmental impact.

c.    To facilitate the development of tourist facilities of a scale and nature appropriate in rural settings without prejudice to the scenic quality of land within this zone and without creating or increasing ribbon development on any road.

d.   To provide for the operation and development of existing, future and potential rural land uses by limiting the introduction of sensitive land uses.

e.    To provide for a range of non-rural land uses where they have demonstrated benefit and are compatible with surrounding rural uses.

f.    To maintain and enhance the environmental qualities of the landscape, vegetation, soils and waterways.

Rural Residential

a.   To provide for lots primarily for residential purposes generally in the range of 1 ha to 4 ha.

b.   To provide opportunities for a range of limited rural and related ancillary pursuits on rural-residential lots where those activities will be consistent with the amenity of the locality and the conservation and landscape attributes of the land.

c.    To set aside areas for the retention of vegetation and landform or other features which distinguish the land.

Rural Landscape

a.   To facilitate limited closer rural settlement on land which is recognised as being of high landscape or scenic value, but generally unsuitable for agriculture or farming use, in order to protect and enhance those values.

b.   To ensure that development maintains the character of the locality, maintains a high level of residential amenity, has consideration for conservation values and minimises disturbance to the landscape.

Conservation

a.   To restrict the type and scale of development which will be considered on lands possessing special aesthetic, ecological or conservation values to those compatible with such environments.

b.   To provide for the preservation, maintenance, restoration or sustainable use of the natural environment.

Bushland Protection

a.   To restrict the land uses and type and scale of development that will be considered on lands possessing special biodiversity values to those that will not adversely affect those values, and to provide opportunity for the creation of a subdivision incentive for the protection of those values in perpetuity.

b.   To prohibit clearing, grazing or damage to remnant vegetation on the land unless required for bushfire hazard risk mitigation identified on an adopted fire management plan, approved dwellings or any incidental development within building envelopes, or to allow for vehicular access to such buildings.

c.    To prohibit the clearing, draining, filling or grazing of wetlands on the land.

Special Use

a.   To facilitate special land use controls, which do not sit comfortably within any other zone.

b.   To enable the Council to impose specific conditions associated with the special use.”

Vasse Development

Objectives

(a)  The zone is designed to be flexible in nature so as to overcome the inherent problems associated with detailed zoning of land prior to the creation of lot boundaries through subdivision and survey.

(b)  To provide for progressive development of a new, separate community at Vasse.

(c)  To progressively provide employment and business opportunities at Vasse.

(d)  To encourage a variety of lifestyle opportunities through the use of different development densities.

(e) To create a high quality "village" character by encouraging pedestrian/cycle transport as a preferred mode, a sense of place and a sense of community.

(f)   To establish a hierarchy of planning procedures to secure the objectives of the zone.

(g) To provide for the development of neighbourhood retail facilities which support and service the residential population at Vasse only and do not detract from the primacy of Busselton and Dunsborough as the principal commercial centres of the City.

Policies

(a) To provide, in a timely manner, an alternative route for regional, heavy haulage and through traffic so that the existing Bussell Highway alignment can be used as an internal subdivision road to service Vasse village.

(b) To require the preparation and approval of a Development Guide Plan in accordance with the provisions of Schedule 11 of the Scheme as a prerequisite to -

(i)   the local government's support for an application to subdivide or amalgamate lots; and/or

(ii) the local government’s consideration of an application for planning approval.

(c) Ensure development is compatible with the natural environment.

(d) Programme appropriate road and reticulated service provision.

(e) Programme appropriate provision of social infrastructure.

(f)   Encourage urban designs which provide a high degree of ‘permeability’ and ‘walkability’.

(g) Make provision for business, industry, community uses and recreational areas as well as residential areas.

(h) To ensure that Vasse does not become a satellite, dormitory suburb of Busselton and the local government shall recommend against continuing stages of residential subdivision unless there is progressive development of employment opportunities at Vasse.

(i)   To ensure that subdivision and development conforms to the principal aims of the “Liveable Neighbourhoods Policy”.

(j)   To ensure retail uses are limited in scale, type and function to service the residential population of Vasse only, in accordance with the settlement hierarchy objectives of the State Planning Policy No. 6.1 – Leeuwin-Naturaliste Ridge.

Deferred Vasse Development Zones

Objectives

(a)  To ensure that the development of Vasse is staged to allow a community size of around 2,000 residents unless the conditions prescribed at Table 5 of the State Planning Policy No. 6.1 – Leeuwin-Naturaliste Ridge and Schedule 12 of the Scheme are met in which case the village of Vasse may be expected to accommodate a maximum population of approximately 5,000 people by the lifting of the deferment from the Deferred Vasse Development zone through an amendment to the Scheme.

(b)  In the interim, the land within the zone is to be treated as if it were in the Agriculture zone except that the local government has the discretion to refuse incompatible rural land uses that may prejudice the long term development of the area for townsite expansion.

Policies

(a)  It is the objective and requirement of the zone to link further expansion of Vasse to the demonstration of employment creation at the site to support residential growth. Justification of growth should conform to the principle aims of the Liveable Neighbourhoods as it relates to employment, transport and community design.

(b)  It is intended that when the local government deems the above condition and those of Schedule 12 of the Scheme have been met that the deferment will be lifted from the Deferred Vasse Development zone and further residential development permitted in accordance with an adopted Development Guide Plan. Deferment shall be lifted by finalisation and gazettal of an amendment to the Scheme rezoning the site from the Deferred Vasse Development zone to the Vasse Development zone.

 

2.2       Amending clause 5.34 (Subdivision of lots with more than one dwelling in the Agriculture and Viticulture and Tourism Zones) by –

 

(a)       Amending the title of the clause to “Subdivision of lots in the Rural and Viticulture and Tourism zones”;

 

(b)      Inserting new subclauses 5.34.1 and 5.34.2 as follows and renumbering subsequent clauses and clause references accordingly:

 

“5.34.1  A lot proposed to be created by subdivision for an agricultural purpose shall contain a minimum area of land that actually is useable for commercial farming.  Depending upon the circumstances, the area of a lot may be greater than the area necessary for the farm due to remnant and riparian vegetation considered valuable for conservation; streams, dams, wetlands and foreshores; steep terrain and rocky outcrops; setbacks to the above and any environmental buffers within which development or agriculture is not permitted; and existing tourist development.  As a general guide, the minimum arable area for a commercial farm that will be recommended by the local government to the Commission is 30 hectares for viticultural and horticultural pursuits.

 

5.34.2    Where environmental conditions allow, subdivision of rural land into lots comprising a minimum arable area of 40 hectares may be supported by the local government.”

 

2.3       Amending clause 5.36 (Vegetation Surveys in the Conservation and Bushland Protection Zones) to read as follows –  

 

“5.36  SPECIAL PROVISIONS RELATING TO THE CONSERVATION ZONE

 

5.36.1    Development will only be permitted where –

 

(a)      it can be demonstrated that such development can be carried out in a manner that minimises risks from natural hazards, functions efficiently and does not detract from the scenic quality of the land; and

 

(b)      such development is unlikely to have a significant detrimental effect on the growth of native plant communities, the survival of native wildlife populations and the provision and quality of habitats for both indigenous and migratory species.

 

5.36.2    In satisfying 5.36.1 above, there is a general presumption that development shall be in a clustered form.

 

5.36.3    Subdivision will only be supported where –

 

(a)      there is no detrimental impact on the aesthetic, conservation or ecological values of the land and where the objective of retention of these values of the land in perpetuity will be achieved;

 

(b)      for a lot 40 hectares or greater at 7 September 1999, subdivision based on a ratio of one lot per 20 hectares, preferably in a clustered form;

 

(c)       for a lot less than 40 hectares at 7 September 1999, subdivision of one additional lot, preferably in a clustered form; and

 

(d)      the proposal is consistent with State Planning Policy No. 6.1 - Leeuwin-Naturaliste Ridge where applicable.

 

5.36.4    Clearing of any vegetation on the land will be prohibited, unless required for fire breaks, dwellings or associated outbuildings within defined building envelopes, or to allow for vehicular access to such buildings

 

5.36.5    Prior to subdivision, subdividers shall undertake a vegetation survey to identify rare, endangered or otherwise significant vegetation within the proposed building envelope and vehicle access areas, in addition to any other area of the lot as deemed appropriate by the local government, and provide for its appropriate conservation to the satisfaction of the Department of Biodiversity, Conservation and Attractions and the local government.”

 

2.4       Amending clause 5.38 (Special provisions relating to the Rural Landscape Zone) by inserting new subclauses 5.38.1 and 5.38.2 as follows and renumbering subsequent clauses accordingly:  

 

“5.38.1  Subdivision should incorporate a range of lots areas, with an average lot area of not less than 10 hectares and a minimum lot area of 5 hectares using conventional subdivision and providing greater flexibility for lots created by strata or survey strata subdivision, dependent upon the special physical and landscape characteristics of the land and only where it can be clearly established to be consistent with the objectives of the zone.

 

5.38.2    Where the keeping of livestock may be acceptable, stocking rates shall be controlled in order to avoid degradation and erosion of the landscape, and to ensure that the keeping of livestock does not occur where this would be inconsistent with the intent and objectives of the zone.”

 

2.5       Amending clause 5.39 (Special provisions relating to the Bushland Protection Zone) by:

 

(a)       Modifying subclause 5.39.1 to read as follows:

 

“5.39.1  Subdivision will only be supported where –

 

(a)   there is no detrimental impact on the aesthetic, conservation or biodiversity values of the land and where the objective of retention of these values in perpetuity will be achieved;

 

(b)   for lots less than 60 hectares, subdivision of one additional lot;

 

(c)    for lots 60 hectares and greater, subdivision based on a ratio of one lot per 20 hectares with a maximum of 3 lots in total;

 

(d)   for lots 60 hectares and greater and with a remnant vegetation cover of 50% or more of the total area of the lot, subdivision based on a ratio of one lot per 20 hectares with a maximum of 4 lots in total;

 

(e)    a minimum lot area of 3 hectares is achieved;

 

(f)    consistent with the Biodiversity Incentive Strategy for Private Land in the Busselton Shire, or the State Planning Policy No. 6.1 – Leeuwin-Naturaliste Ridge, or other similar strategy as may be adopted by the local government and endorsed by the Commission in the future; and

 

(g)   consistent with a Development Guide Plan adopted by local government and endorsed by the Commission.”

 

(b)      Inserting new subclauses 5.39.2 and 5.39.3 as follows and renumbering subsequent clauses accordingly:

 

“5.39.2  No further subdivision of lots created pursuant to the objectives and policies of the Bushland Protection zone is permitted

 

5.39.3    Prior to subdivision, subdividers shall undertake a vegetation survey to identify rare, endangered or otherwise significant vegetation within the proposed building envelope and vehicle access areas, in addition to any other area of the lot as deemed appropriate by the local government, and provide for its appropriate conservation to the satisfaction of the Department of Parks and Wildlife Department of Biodiversity, Conservation and Attractions and the local government.”

 

 2.6      Inserting a new clause 5.20 to read as follows and renumbering subsequent clauses and clause references accordingly:

 

“5.20  CONSOLIDATION AND FRAGMENTATION OF LAND IN THE CITY/TOWN CENTRE AND LOCAL/NEIGHBOURHOOD CENTRE ZONE

 

The consolidation of land to assemble larger land parcels suitable for integrated development or redevelopment in the City/Town Centre and Local/Neighbourhood Centre zones is encouraged and supported.  Fragmentation of land within these zones, unless it is part of an overall plan for integrated development or redevelopment, will generally not be supported.”

 

2.7       Inserting a new clause 5.41 to read as follows: 

 

“5.41  DEVELOPMENT ALONG MAIN OR ARTERIAL ROADS

 

“Development which is likely to contribute to ribbon development, the spread of town centres, or otherwise detrimentally impact the efficiency of or the rural and natural ambience of main or arterial roads will not be supported by the local government.”

 

3.       Terms Referred to in Scheme

 

3.1       Amending Schedule 1 (Interpretations) by –

 

a.         Amending the following titles:

 

i.          “Caretaker’s Residence” to read “Caretaker’s Dwelling”;

 

ii.         “Jetty and Mooring Envelope” to read “Mooring Envelope”;

 

iii.        “Light Industry” to read “Industry – Light”;

 

and associated references throughout the Scheme accordingly, where, in relation to “Caretaker’s Dwelling”, references within the Scheme to “Caretaker/Staff Accommodation”, “Manager’s/Caretakers House”, “Manager’s Dwelling” and “Manager’s House” shall also be amended;

 

b.        Amending the following definitions to read:

 

i.          “‘Amusement Parlour’ means premises –

 

(a)    that are open to the public; and

 

(b)    that are used predominantly for amusement by means of amusement machines including computers; and

 

(c)     where there are 2 or more amusement machines;”

 

ii.         “‘Convenience Store’ means premises –

 

(a)    used for the retail sale of convenience goods commonly sold in supermarkets, delicatessens or newsagents; and

 

(b)    operated during hours which include, but may extend beyond, normal trading hours; and

 

(c)     the floor area of which does not exceed 300m2 net lettable area;”

 

iii.        “‘Display Home Centre’ means one or more dwellings on the same lot or adjoining, or adjacent lots that are intended to be open for public inspections as examples of dwelling design;”

 

iv.        “‘Educational Establishment’ means premises used for the purposes of providing education including premises used for a school, higher education institution, business college, academy or other educational institution;”

 

v.         “‘Home Occupation’ means a dwelling or land around a dwelling used by an occupier of the dwelling to carry out an occupation if the carrying out of the occupation —

 

(a)    does not involve employing a person who is not a member of the occupier’s household; and

 

(b)    will not cause injury to or adversely affect the amenity of the neighbourhood; and

 

(c)     does not occupy an area greater than 20 m2; and

 

(d)    does not involve the display on the premises of a sign with an area exceeding 0.2 m2; and

 

(e)    does not involve the retail sale, display or hire of any goods unless the sale, display or hire is done only by means of the Internet; and

 

(f)     does not —

 

(i)     require a greater number of parking spaces than normally required for a single dwelling; or

 

(ii)    result in an increase in traffic volume in the neighbourhood; and

 

(g)    does not involve the presence, use or calling of a vehicle of more than 4.5 tonnes tare weight; and

 

(h)    does not include provision for the fuelling, repair or maintenance of motor vehicles; and

 

(i)     does not involve the use of an essential service that is greater than the use normally required in the zone in which the dwelling is located;”

 

vi.        “‘Hospital’ means premises that are a hospital within the meaning given in the Health Services Act 2016 section 8(4);”

 

vii.       “‘Incidental development’, for development on land to which the R-Codes applies, shall have the meaning as provided for in the R-Codes, for all other development shall mean outbuildings (including sheds, garages, and freestanding structures enclosed more than 50%), verandahs, carports, patios, gazebos and similar structures, swimming pools, water tanks; and other structures incidental to a dwelling;”

 

viii. “‘Industry’ means premises used for the manufacture, dismantling, processing, assembly, treating, testing, servicing, maintenance or repairing of goods, products, articles, materials or substances and includes facilities on the premises for any of the following purposes —

 

(a)    the storage of goods;

 

(b)    the work of administration or accounting;

 

(c)    the selling of goods by wholesale or retail;

 

(d)    the provision of amenities for employees;

 

(e)    incidental purposes;”

 

ix.        “‘Lunch Bar’ means premises or part of premises used for the sale of takeaway food (in a form ready to be consumed without further preparation) within industrial or commercial areas and does not normally trade outside of normal business hours;”

 

x.         “‘Marina’ means –

 

(a)    premises used for providing mooring, fuelling, servicing, repairing, storage and other facilities for boats, including the associated sale of any boating gear or equipment; and

 

(b)    all jetties, piers, embankments, quays, moorings, offices and storerooms used in connection with the provision of those services;

 

xi.        “‘Marine Filling Station’ means premises used for the storage and supply of liquid fuels and lubricants for marine craft;”

 

xii.       “‘Motel’ means premises, which may be licensed under the Liquor Control Act 1988

 

(a)    used to accommodate guests in a manner similar to a hotel; and

 

(b)    with specific provision for the accommodation of guests with motor vehicles;”

 

xiii.      “‘Motor Vehicle Repair’ means premises used for or in connection with —

 

(a)    electrical and mechanical repairs, or overhauls, to vehicles other than panel beating, spray painting or chassis reshaping of vehicles; or

 

(b)    repairs to tyres other than recapping or re-treading of tyres;”

 

xiv.      “‘Office’ means premises used for administration, clerical, technical, professional or similar business activities;”

 

xv.       “‘Restricted Premises’ means premises used for the sale by retail or wholesale, or the offer for hire, loan or exchange, or the exhibition, display or delivery of —

 

(a)    publications that are classified as restricted under the Classification (Publications, Films and Computer Games) Act 1995 (Commonwealth); or

 

(b)    materials, compounds, preparations or articles which are used or intended to be used primarily in or in connection with any form of sexual behaviour or activity; or

 

(c)     smoking-related implements;”

 

xvi.      “‘Shop’ means premises other than a bulky goods showroom, used to sell goods by retail, to hire goods, or to provide services of a personal nature, including hairdressing or beauty therapy services;

 

xvii.     “‘Tavern’ means premises the subject of a tavern licence granted under the Liquor Control Act 1988;”

 

xviii.    “‘Transport Depot’ means premises used primarily for the parking or garaging of 3 or more commercial vehicles including —

 

(a)    any ancillary maintenance or refuelling of those vehicles; and

 

(b)    any ancillary storage of goods brought to the premises by those vehicles; and

 

(c)    the transfer of goods or persons from one vehicle to another;”

 

c.         Amending the following titles and definitions:

 

i.          ‘Caravan Park & Camping Grounds’ to read:

 

‘Caravan Park’ means premises that are a caravan park as defined in the Caravan Parks and Camping Grounds Act 1995 section 5(1);”

 

ii.         ‘Child Care Centre’ to read:

 

“‘Child Care Premises’ means premises where —

 

(a)    an education and care service as defined in the Education and Care Services National Law (Western Australia) section 5(1), other than a family day care service as defined in that section, is provided; or

 

(b)    a child care service as defined in the Child Care Services Act 2007 section 4 is provided;”

 

iii.        ‘Club’ to read:

 

“‘Club Premises’ means premises used by a legally constituted club or association or other body of persons united by a common interest;”

 

iv.        ‘Community Centre’ to read:

 

“‘Community Purpose’ means premises designed or adapted primarily for the provision of educational, social or recreational facilities or services by organisations involved in activities for community benefit;”

 

v.         ‘Extractive Industry’ to read:

 

“‘Industry – Extractive’ means premises, other than premises used for mining operations, that are used for the extraction of basic raw materials including by means of ripping, blasting or dredging and may include facilities for any of the following purposes —

 

(a)    the processing of raw materials including crushing, screening, washing, blending or grading;

 

(b)    activities associated with the extraction of basic raw materials including wastewater treatment, storage, rehabilitation, loading, transportation, maintenance and administration;”

 

vi.        ‘Liquid Fuel Depot’ to read:

 

“‘Fuel Depot’ means premises used for the storage and sale in bulk of solid or liquid or gaseous fuel but does not include premises used —

 

(a)    as a service station; or

 

(b)    for the sale of fuel by retail into a vehicle for use by the vehicle;”

 

vii.       ‘Major Road Frontage’ to read:

 

“‘Frontage’, in relation to a building –

 

(a)    if the building is used for residential purposes, has the meaning given in the R-Codes; or

 

(b)    if the building is used for purposes other than residential purposes, means the line where a road reserve and the front of a lot meet and, if a lot abuts 2 or more road reserves, the one to which the building or proposed building faces;”

 

viii.      ‘Mineral Resource Development’ to read:

 

“‘Mining Operations’ means premises where mining operations, as that term is defined in the Mining Act 1978 section 8(1) is carried out;”

 

ix.        ‘Motor Vehicle and Marine Sales Premises’ to read:

 

“‘Motor Vehicle, Boat or Caravan Sales’ means premises used to sell or hire motor vehicles, boats or caravans;”

 

x.         ‘Plant Nursery’ to read:

 

“‘Garden Centre’ means premises used for the propagation, rearing and sale of plants, and the storage and sale of products associated with horticulture and gardens;”

 

xi.        ‘Private Recreation’ to read:

 

“‘Recreation – Private’ means premises that are –

 

(a)    used for indoor or outdoor leisure, recreation or sport; and

 

(b)    not usually open to the public without charge;”

 

xii.       ‘Professional Consulting Rooms’ to read:

 

“‘Consulting Rooms’ means premises used by no more than 2 health practitioners at the same time for the investigation or treatment of human injuries or ailments and for general outpatient care;”

 

xiii.      ‘Restaurant’ to read:

 

“‘Restaurant/Café’ means premises primarily used for the preparation, sale and serving of food and drinks for consumption on the premises by customers for whom seating is provided, including premises that are licenced under the Liquor Control Act 1988;”

 

xiv.      ‘Warehouse’ to read:

 

“‘Warehouse/Storage’ means premises including indoor or outdoor facilities used for —

 

(a)    the storage of goods, equipment, plant or materials; or

 

(b)    the display or sale by wholesale of goods;”

 

and associated references throughout the Scheme accordingly;

 

d.        Inserting the following new definitions:

 

i.          “‘Art Gallery’ means premises –

 

(a)    that are open to the public; and

 

(b)    where artworks are displayed for viewing or sale;”

 

ii.         “‘Car Park’ means premises used primarily for parking vehicles whether open to the public or not but does not include –

 

(a)    any part of a public road used for parking or for a taxi rank; or

 

(b)    any premises in which cars are displayed for sale;”

 

iii.        “‘Cinema/Theatre’ means premises where the public may view a motion picture or theatrical production;”

 

iv.        “‘Funeral Parlour’ means premises used –

 

(a)    to prepare and store bodies for burial or cremation;

 

(b)    to conduct funeral services;”

 

v.         “‘Motor Vehicle Wash’ means premises primarily used to wash motor vehicles;”

 

vi.        “‘Nightclub’ means premises the subject of a nightclub licence granted under the Liquor Control Act 1988;”

 

vii.       “‘Resource Recovery Centre’ means premises other than a waste disposal facility used for the recovery of resources from waste;”

 

viii.      “‘Small Bar’ means premises the subject of a small bar licence granted under the Liquor Control Act 1988;”

 

ix.        “‘Telecommunications Infrastructure’ means premises used to accommodate the infrastructure used by or in connection with a telecommunications network including any line, equipment, apparatus, tower, antenna, tunnel, duct, hole, pit or other structure related to the network;”

 

x.         “‘Waste Disposal Facility’ means premises used –

 

(a)    for the disposal of waste by landfill; or

 

(b)    the incineration of hazardous, clinical or biomedical waste;”

 

xi.        “‘Waste Storage Facility’ means premises used to collect, consolidate, temporarily store or sort waste before transfer to a waste disposal facility or a resource recovery facility on a commercial scale;”

 

e.        Removing the use class definitions for “Grouped Dwelling”, “Multiple Dwelling”, “Residential Building” and “Single House”, while retaining permissibilities within the Zoning Table and references within the Scheme;

 

f.         Removing the following obsolete or out-dated definitions and associated permissibilities and references throughout the Scheme where relevant:

 

i.          “The Act”;

ii.         Advertisement;

iii.        Amusement Machine;

iv.        Applicant;

v.         Boarding House;

vi.        Boatel;

vii.       Building;

viii.      Bulk Store;

ix.        Bulky Goods;

x.         Bus Station;

xi.        Chandlery;

xii.       Communal or Cluster Farming;

xiii.      Conservation Tourism;

xiv.     Display Home;

xv.      Dry Industry;

xvi.     Dwelling;

xvii.    Generating Works;

xviii.   Manager’s Residence;

xix.     Marine Facilities;

xx.      Natural Ground Level;

xxi.     Offensive and Hazardous Industry;

xxii.    Owner;

xxiii.   Place;

xxiv.   Place of Assembly;

xxv.    Public Utility;

xxvi.   Recreation Facility;

xxvii.  Retirement Village;

xxviii. Rural Worker’s Dwelling;

xxix.   Salvage Yard;

xxx.    Sawmill;

xxxi.   Service Industry;

xxxii.  Stabilised Surface Level of a Lot;

xxxiii. Stock & Sale Yard;

xxxiv. Timber Yard;

xxxv.  Waterway Frontage;

 

g.         Rearranging the Schedule into two parts, being “Division 1 – General definitions used in Scheme” and “Division 2 – Land use terms used in Scheme”, whereby:

 

i.          The following terms are to be included in Division 1:

 

Canal Frontage

Commission

Council

Dam

Discount Department Store

Entry Statement

Floodway

Frontage

Gazettal Date

Incidental Development

Mean High Water Mark

Mooring Envelope

Net Lettable Area

Prime Agricultural Land

Research and Development Facility

Rural Tourist Accommodation

Stabilised Canal Edge

Supermarket

Vegetation

 

ii.         The following terms are to be included in Division 2:

 

Abattoir

Aged Persons’ Home

Agriculture – Extensive

Agriculture – Intensive

Amusement Parlour

Animal Establishment

Animal Husbandry – Intensive

Aquaculture

Bed and Breakfast

Brewery

Bus Depot

Caravan Park

Car Park

Cinema/Theatre

Chalet

Child Care Premises

Club Premises

Community Purpose

Consulting Rooms

Convenience Store

Corner Shop

Educational Establishment

Exhibition Centre

Factory Unit Building

Fuel Depot

Funeral Parlour

Garden Centre

Guesthouse

Holiday Home (Multiple/Grouped Dwelling)

Holiday Home (Single House)

Home Business

Home Occupation

Home Office

Hospital

Hotel

Industry

Industry – Cottage

Industry – Extractive

Industry – Light

Industry – Primary Production

Lunch Bar

Marina

Marine Filling Station

Market

Medical Centre

Mining Operations

Motel

Motor Vehicle, Boat or Caravan Sales

Motor Vehicle Repair

Motor Vehicle Wash

Nightclub

Office

Park Home Park

Place of Worship

Produce Sales

Reception Centre

Recreation Establishment

Recreation – Private

Research Establishment

Resource Recovery Centre

Restaurant/Café

Restricted Premises

Rural Holiday Resort

Rural Pursuit/Hobby Farm

Service Station

Shop

Showroom

Small Bar

Takeaway Food Outlet

Tavern

Telecommunications Infrastructure

Tourist Accommodation

Transport Depot

Tree Farm

Veterinary Centre

Warehouse/Storage

Waste Disposal Facility

Waste Storage Facility

Wind Farm

Winery

 

3.2       Amending the Zoning Table to read as follows:

 

Zone  /  Use Class

Residential

City/Town Centre

Local /Neighbourhood Centre

Service Commercial

Tourism

Light Industry

General Industry

Rural

Viticulture and Tourism

Rural Residential

Rural Landscape

Conservation

Bushland Protection

Special Use

Vasse Development

Deferred Vasse Development

Abattoir

X

X

X

X

X

A

D

A

X

X

X

X

X

In accordance with clause 4.6.1

In accordance Schedule 11, clause 1.7.3

In accordance with Clause  4.2.14 (b) and clause 4.6.3

Aged Persons Home

D

X

X

X

X

X

X

A

X

X

X

X

X

Agriculture – Extensive

X

X

X

X

X

X

X

P

P

A

D

D

D

Agriculture – Intensive

X

X

X

X

X

X

X

P

P

X

X

X

X

Amusement Parlour

X

P

P

D

D

D

D

X

X

X

X

X

X

Ancillary Accommodation

P

D

D

X

X

X

X

P

P

P

D

D

D

Animal Establishment

X

X

X

X

X

X

X

D

D

A

A

X

X

Animal Husbandry – Intensive

X

X

X

X

X

X

X

D

D

X

X

X

X

Aquaculture

X

X

X

X

X

D

D

D

D

A

A

A

X

Bed and Breakfast

D

D

D

X

P

X

X

D

D

D

D

D

D

Brewery

X

A

A

A

A

D

D

A

A

X

X

X

X

Bus Depot

X

X

X

D

X

D

D

D

X

X

X

X

X

Car Park

X

D

D

D

X

D

D

X

X

X

X

X

X

Caravan Park

A

X

X

X

D

X

X

A

A

X

X

X

X

Cinema/Theatre

X

D

D

D

X

X

X

X

X

X

X

X

X

Chalet

X

X

X

X

D

X

X

D

D

X

A

A

X

Child Care Premises

A

D

D

D

A

X

X

D

A

A

X

X

X

Club Premises

X

D

D

D

D

X

X

A

A

X

X

X

X

Community Purpose

A

P

P

D

D

D

D

D

A

A

X

X

X

 

 

 

Consulting Rooms

A

P

P

P

X

X

X

X

X

X

X

X

X

Convenience Store

X

P

P

D

D

D

D

X

X

X

X

X

X

Corner Shop

A

P

P

P

X

D

D

A

A

A

X

X

X

Display Home Centre

D

X

X

X

X

X

X

X

X

D

X

X

X

Educational Establishment

A

P

P

D

X

D

D

D

D

D

X

X

X

Exhibition Centre

X

A

A

A

A

X

X

A

A

X

X

X

X

Factory Unit Building

X

X

X

D

X

P

P

X

X

X

X

X

X

Fuel Depot

X

X

X

X

X

P

P

X

X

X

X

X

X

Funeral Parlour

X

D

D

D

X

D

X

X

X

X

X

X

X

Garden Centre

X

A

A

A

X

D

X

D

D

A

X

X

X

Grouped Dwelling

D

D

D

X

X

X

X

X

X

X

X

X

X

Guesthouse

X

D

D

X

D

X

X

A

A

A

A

A

X

Holiday Home (Multiple/Grouped Dwelling)

A

A

A

X

X

X

X

X

X

X

X

X

X

Holiday Home (Single House)

D*

D*

D*

X

X

X

X

D*

D*

D*

D*

D*

D*

Home Business

D

P

P

X

X

X

X

P

P

P

A

A

A

Home Occupation

P

P

P

X

P

X

X

P

P

P

P

P

P

Hospital

A

D

D

D

X

X

X

A

A

X

A